论想象竞合犯的罪数本质

On the Quantity of Crime in Essence on Imaginative Joinder of Offenses

想象竞合犯作为最重要的罪数形态之一,承担了区分罪数的功能,但关于其罪数本质却不无争议。根据罪数判断标准,对罪数判断要素——行为进行解析。由并合行为构成的想象竞合犯是实质数罪,由合一行为构成的想象竞合犯是实质一罪。

As one of the most important criminal pattern, imaginative joinder of offenses has a function that it can distinguish quantity of crime, but it＇s quantity of crime in essence has many arguments. Act, qua dements of judgment on quantity of crime , through parsing it, it doesnt have great difficulty in finding that the Imaginative joinder of offenses composed by parallel act is plural crimes in substance, and the Imaginative joinder of offenses composed by joint act is one crimes in substance by level of judgment on quantity of crime.