论法条竞合及其适用原则

法条竞合在我国刑事立法中普遍存在,其理论比较复杂。法条竞合是指一个行为表面上同时符合数个法条规定的犯罪构成,而实质只符合一个犯罪构成的情形。笔者认为,特别法优于普通法的原则是法条竞合仅有的普遍适用原则。

On Concurrence of Articles of Law and Applying Principles

The concurrence of the articles of law is widely existing in our country's penal legislation, whose theory is rather complicated, It refers to the situation that one action fits for several articles of law in the meanwhile on the surface, while only suits for one criminal constitution. The author thinks that the principle that special law is prior to general law is the article of law, concurrence of the only existed universal applying principle.