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作为两种最常见、最重要的犯罪形态来说,想像竞合犯和法规竞合犯时有交叉现象出现,这就带来了司法实践中的种种困惑。业界对该问题的探讨虽然已取得丰硕的成果,但众说纷纭,仍未达成共鸣。笔者试从二者的理论定位入手,继而深入进行区分,最后还将结合司法实践中的一些适用规则来进行阐释,以使问题更加明了。
As the two most common and important forms of crime, there are cross-cutting phenomena in the competition between copartners and laws. This brings with it all kinds of puzzles in judicial practice. Although the industry has achieved fruitful results in the discussion of this issue, it has not yet reached a consensus yet. I try to start from the theoretical positioning of the two, and then in-depth distinction, and finally will be combined with some applicable rules of judicial practice to explain in order to make the problem more clear.