想象竞合犯处断新原则——从行为的特性上分析

New Punishing Principle for Imaginative Joiner Offense——Analyzing from the Characteristics of Act

想象竞合犯作为一种犯罪形态,理论上将其归于实质的一罪并且规定对其从一重罪处罚。除了这一处断方法之外,理论上对于想象竞合犯的处断方式还有从一重重处断和数罪并罚等处断原则。但是通过对犯罪行为这一要素进行分析,可以看出从一重罪处断与从一重重处断原则本身存在一定的问题。反之,从主客观相一致的角度来分析想象竞合犯中的行为的实质个数,可以得出想象竞合犯是实质上行为人实施了数行为,应当进行数罪并罚的犯罪类型的结论。

Imaginative joiner offense is a kind of crime and it is theoretically categorized as a substantial crime and it is put into punishment as a felony. In addition to this, theoretically, there are other punishment rules, namely, punishment from a heavy crime and combined punishment for several crimes. However, analysis from the characteristics of act shows that there is some problem in the punishment rules of punishment from a heavy crime and Combined punishment for several crimes. On the other hand, from the perspec- tive of subjective and objective of the behavior, it can be concluded that the imaginative joiner offense combines several acts and should be punished with combined punishment for several crimes.