刑法学界通说认为，应该严格区分法条竞合与想象竞合，但是通说的区分标准却存在疑问，必须寻求新的区分标准---通过犯罪的外延可以合理区分二者。由于法条竞合与想象竞合都是一行为触犯数个罪名，即一行为符合数个犯罪的犯罪构成，换言之，就是数罪名的外延存在重合关系。从实质上说法，条竞合与想象竞合都是犯罪之间的竞合（重合）关系。从逻辑上而言，犯罪之间的竞合关系包括从属关系和交叉关系。法条竞合只存在特别关系，而特别关系属于从属关系。想象竞合犯其实就属于交叉关系。%The criminal law scholars generally believe that overlap of law articles and imaginative jointer of of-fenses should be strictly distinguished , but since they haven't put forward a reasonable distinguishing standard , we have to seek a new onefrom the angle of extension of crime .Actually ,overlap of law articles and imaginative joint-er of offensesshare a common thing that although there is only one act concerned , but it violates several crimes , in other words , it satisfies the constitution of a number of crimes , and this means the extensions of several crimes are coincident .In essence , both overlap of law articles and imaginative jointer of offenses produce the coincidence of different crimes which includes subordinate and cross relationships; in logic, while overlap of law articles can be classified as the subordinate relationship , imaginative jointer of offenses belongs to the cross one .
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