刑法中义务冲突的解决

Solution to Conflict of Obligation in the Criminal Law

解决义务冲突应先将刑法中的义务与刑法中的利益严格区别开来,义务冲突绝不等同于利益冲突,因此不能以衡量利益大小的利益基准来衡量义务等级的高低。在刑法规范层面,应当基于义务基准来衡量义务和解决义务冲突,而这有赖于在刑法价值维度对秩序价值优先的坚持。

A prerequisite to solving a conflict of obligation obligation and interest in the criminal law. Since does not equate a conflict of interest, the level is to clearly distinguish between a conflict of obligation absolutely of obligation cannot be assessed according to an interest-centered standard that measures the quantity of interest. At the normative level of the criminal law, an obligation-centered approach should be used to measure obligation and solve the conflict of obligation. This approach depends on giving priority to the value of order at the values dimension of the criminal law.