想象竞合犯中的“行为”与“罪过”探析

On the Act of Imaginative Joinder Offenses and An Analysis of Criminal Offenses

对想象竞合犯的处罚原则依赖于对其罪数本质的准确判断,自然意义上的一行为实质上为数个犯罪行为之竞合,且数个罪过的共同存在,都证明了想象竞合犯为实质数罪,对其实行数罪并罚是其行为、罪过本质的必然要求。

The punishment principle of the imaginative joinder offenses depends on the accurate judgment of the essence of the quantity of crimes. One acts on the general views involves several criminal acts, and the several concurrent criminal offenses exist at the same time, which prove that the imaginative joinder offenses are the plural crimes in effect. The concurrent punishment for plural crimes is the necessary requirement in view of the nature of the act and the criminal offenses.