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法条竞合是大陆法系国家刑法当中重要的理论,而我国刑法当中法条竞合的情况远胜于其他大陆法系国家,法条竞合问题的研究显得尤为重要。在我国刑法理论中,法条竞合主要有独立竞合、包容竞合、交互竞合和偏一竞合四种。在实际处理法条竞合问题时,我国也存在着一系列问题,如“特别优于与普通法”和“重法优于轻法”的适用问题,特别规定的具体理解问题以及特别法条不周全时的处理问题。
Law competition is an important theory among criminal law of civil law countries in our country. However, the law of competition in our criminal law far outweighs that of other civil law countries. It is particularly important to study the law of competition. In our country’s criminal law theory, the law of competition mainly has four kinds of independent competing, inclusive competing, interactive competing and partial competing. There are also a series of problems in our country, such as the application of “especially superior to the common law” and “the superiority of the law over the light law” in the actual handling of the article, and the special understanding of the specific understanding As well as the special laws and regulations are not fully handled the problem.