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法规竞合的实质是一个行为的一个构成要件的评价关系,其他构成要件对已经由最契合的构成要件评价完毕之后,不允许再对该一行为进行再度评价。就此点而言,刑法学界将之冠以“竞合”二字,实属谬误。这使得法规竞合与想像竞合的界域纠缠不清,导致理论的混乱和实务界的无所适从;更使得法规竞合究竟属于法规关系解释论还是属于罪数论抑或竞合论,法规竞合除了从属关系之外,是否还包括诸如交叉关系等其他关系,充满了疑惑。厘清这些法规竞合的基本问题对于法规竞合的正确定位,使之与想像竞合各就各位,至关重要。
The essence of the competition of laws and regulations is the evaluation of one component of an act. After the other components have been evaluated by the most suitable components, the re-evaluation of the one act is not allowed. At this point, it is a fallacy that the criminal law academic community will champion the word “competing.” This makes the regulatory competition and imagination competing circles tangled, leading to confusion in the theory and the practice sector at a loss; but also make the regulatory competition is part of the legal interpretation of the theory or the theory of the number of crimes or competing theory, the rules of competing except Beyond the subordination, there are other relationships, including cross-relations, full of doubts. To clarify the basic issues of the co-operation of these laws and regulations, it is of utmost importance for the correct positioning of the co-operation of laws and regulations so that they can work in harmony with the imagination.