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想象竞合犯的本质是实质的一罪。The essence of the imaginative joinder offenses is one crime.
认为对于合同诈骗罪同种数罪,应实行数罪并罚。I think that the court should of joinder of punishments for plural crimes of contract fraud.
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想像竞合犯不同于规范竞合与结果加重犯。Imaginative joinder of offenses is different from normative joinder and aggregated consequent.
想象竞合犯是罪数理论中的一个重要形态。The imaginative joinder of offenses is an important appearance of the theory of the number of offenses.
在存在诉的客观合并的诉讼中,形式上虽然是单一的诉讼,然而实质上却包含着若干个独立的诉。An action where an objective joinder of causes of action occurs actually consists of several separate actions.
从强化论证、法律具有不确定性、一次性解决纠纷等角度看,应准许甚至鼓励这种起诉方式。From the view of strengthening demonstration, law's uncertainty, and so on, we should accept alternative joinder.
认为对于合同诈骗罪同种数罪,应实行数罪并罚。I think that the court should employ the principle of joinder of punishments for plural crimes of contract fraud.
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想象竞合犯的的处罚原则是有关想象竞合犯争议问题的焦点之一。The punishment of imaginative joinder of offenses is one of the controversies over imaginative joinder of offenses.
客观的诉的合并,是指同一原告对同一被告在同一诉讼程序中主张两个以上诉讼标的。Objective joinder of causes of action occurs when in an action a plaintiff has more than one cause against a defendant.
预备合并之诉是有顺位的诉之合并方式,其构成有特殊的要件。The preliminary joinder of actions is a kind of joinder with special structure elements, and in history its legitimacy was once in question.
想象竞合犯概念的界定应以禁止重复评价原则为基础,揭示其存在的实质根据。Based on the principle of prohibition repeatable evaluations, the imaginative joinder offenses should be punished for the more serious crime.
那么,单位犯罪适用自首、立功、累犯和数罪并罚有没有法律依据?。Is it lawful that the unit crime is applied to voluntary surrender, meritorious service, recidivism and joinder of punishments for plural crimes?
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指行为人基于一个罪过,实施一个危害行为,而实际触犯两个以上数个罪名的犯罪形态。Although imaginative joinder of offenses is not expressly described by our current criminal law, this kind of crime pattern is admitted in theory.
预备合并之诉,正是为解决请求权竞合难题、提高诉讼效率、节约司法资源而构建的一种诉讼制度。Joinder of preliminary action is a litigation system to solve the problem of combination of rights of claims, enhancing the litigation of efficiency, saving judicial resources.
想象竞合犯系属犯罪形态领域,是刑法理论中一个重要的罪数论概念,它是指一行为触犯数罪名的情况。The imaginative joinder of offenses indicates a type of offence that one crime may offend more than one offence for its endangered act in part or as a whole against other objects.