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有关本条款的一罪形态究竟是想象竞合还是法条竞合,我国理论界争论颇多。笔者认为应当从对相关法条的分析入手,结合想象竞合与法条竞合的区别进行判断,得出本条款是想象竞合的结论。
Whether the article on the status of a crime conjecture or a lawsuit is competing, and there are quite a lot of debates among theorists in our country. I believe that we should start from the analysis of the relevant laws and regulations, combined with the imagination of competing and legal competition to determine the difference between the conclusion that the provisions of this article is the conclusion of competing.