Scientific Construction of Competing Explanations for Bottom Line Charges
The issue of competing bottom line charges focuses on the choice of whether the same illegal act constitutes a bottom line charge or a non bottom line charge.The legal interest of the crime involves public security,market economy,and social order,and has the same legal interest as other crimes in the specific chapters of the Criminal Law.We should oppose the general application of"grand concurrence theory"based on the premise of two parts:legal concurrence and imaginary concurrence.legal concurrence and imaginary concurrence.Taking the results of singular association of acts as the criterion for the specific judgment of competition and cooperation can enhance the protection of the collectivity of legal interests.The complexity of the competition of bottom line charges is reflected in the dis-tinction between independent competition and inclusive competition.The arbitrary nature of imaginary conjunctive of full charges is due to the unclear positioning of conjunctive and the controversy on the criteria for the selection of felony.The scientific construction of the con-currence explanation of the crime of confession can start from three angles:concurrence form consistency,concurrence fact conformity and concurrence value consistency.
bottom line chargesbottom line clausecompetition of legal provisionsimaginary competitionrelationship between the number of crimes
万方数据
