The question about how to distinguish between the legal concurrence and ideal concurrence involves not only multiple theoretical issues of the theory of quantity of crime, but also the principle of punishment for related crimes (for example, whether the special relationship of the legal concurrence could apply the principle of law of serious punishment is prior to law of light punishment as an exception). However, the theory of criminal law in China has not correctly distinguished the legal concurrence and the ideal concurrence, thus resulting in many disputes deviating from the focus, and the related issues have not been properly resolved.

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Legal Concurrence and Ideal Concurrence

  • Mingkai Zhang

摘要

The question about how to distinguish between the legal concurrence and ideal concurrence involves not only multiple theoretical issues of the theory of quantity of crime, but also the principle of punishment for related crimes (for example, whether the special relationship of the legal concurrence could apply the principle of law of serious punishment is prior to law of light punishment as an exception). However, the theory of criminal law in China has not correctly distinguished the legal concurrence and the ideal concurrence, thus resulting in many disputes deviating from the focus, and the related issues have not been properly resolved.