“法条竞合是指同一犯罪行为因刑事法律对法条的错综规定,出现数个法条所规定的构成要件在内容上具有从属或交叉关系的情形。”①对于法竞合应当如何处罚,目前主流观点认为应当择一重罪处罚。也就是说,当某一行为同时符合几个法条规定的犯罪构成要件时,应当优先适用处罚较重的 “Coincidence of law means that the same criminal act has a subordinate or cross-related relationship with the constitutional elements stipulated by several laws because of the intricate provisions of the criminal law on the law.” ① How should the law be punished? At present, the mainstream opinion should choose a felony punishment. In other words, when a certain act conforms to the constitutional elements of several crimes stipulated in several laws at the same time, it should give priority to the heavier punishment