关键词: 法条竞合, 想象竞合, 独立竞合, 依附竞合, 交叉竞合, 特别法, 普通法

Abstract:

The nature of concurrence of law articles is substantive one crime and false concurrence，which is different from
that of plural crimes in imagined concurrence and that of real concurrence. Clearly defining the connotation and essence of
concurrence of law article and clarifying the types of concurrence of law articles are the prerequisites for applying the principle
correctly. A new breakthrough is necessary for a concise categorization of types of concurrence of law articles. Concurrence of
law article is related to the theory of law relationship，rather than the theory of criminal pattern. The essence of concurrence of
law articles is concurrence between constituent elements，whereby concurrence of law articles can be divided into three types:
separate concurrence，attachment concurrence and cross concurrence. Separate concurrence which is traditionally called special
relationship concurrence of law article is applicable to the principles of“special law exclusion of common law”and abandon
the complementary principle of“serious punishment superior to light punishment”

Key words: concurrence of law articles, imagined concurrence, separate concurrence, attachment concurrence, cross competing,
special law, common law