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并列罪名与选择罪名的刑法意义迥然不同。包庇黑社会性质组织罪与纵容黑社会性质组织罪在犯罪构成上的显著差异从根本上决定了这两个犯罪不可能是选择罪名关系;实践中,无论是先包庇后纵容的情形,还是先纵容后包庇的情形,都不具有选择罪名所要求的客观的承继关系,从而验证了该二罪不是选择罪名,而应该是并列罪名。作为并列罪名,当行为人的行为事实触犯该二罪时,应分别定罪,并且数罪并罚,而不能按照选择罪名作为一罪来处理。
The significance of criminal law between parallel charges and alternative crimes is very different. The significant difference in crime constitution between crime of triad society organization and connivance of triad nature essentially determines that these two crimes can not be the choice of guilty conscience. In practice, whether it is the case of condoning after sheltering, or the first conniving In the case of harboring, none of them has the objective succession relationship required by the offense of choice, thus verifying that the two crimes are not the crime of guilty of an offense but should be charged in parallel. As a side-by-side charge, when the perpetrator’s act of fact is a violation of these two sins, he should be convicted separately and concurrently punished for several crimes and should not be dealt with as a single offense on the basis of his choice of offense.