想象竞合犯若干问题研究

Some Studies on Imaginative Joiner Offense

想象竞合犯概念的界定应以禁止重复评价原则为基础,揭示其存在的实质根据。想象竞合犯的本质是实质的一罪,其构成要件包括三个方面。由于从一重重处罚和并罚原则违反了禁止重复评价原则的要求,其应当按照从一重处罚原则进行处罚。同时,想象竞合犯与法条竞合犯有着诸区别多的。

The concept of imaginative joiner offence should be defined based on the principle of prohibiting repeatable evaluation, to reveal the substantial basis for existence. The essence of imaginative joiner offense is essential one-crime, and its elements include three aspects. Because the principle of an aggravated punishment beyond the maximum prescribed and the principle of joiner of punishments make a violation against the requirements of the principle of prohibiting repeatable evaluation, imaginative joiner offense should be punished in accordance with the principle of a heavier punishment. At the same time, there are a number of differences between imaginative joiner offense and provisions joiner offense.