德国作为法条竞合理论的原产国,相对我国而言,其对法条竞合的研究与实践颇为成熟。回溯法条竞合在“原产国”的发展脉络,并将其清晰地呈现,可能会为我国问题的解决提供一些借鉴。虽说早在罗马法时代,对“诉”的竞合问题的讨论中,有法条竞合的萌芽。~([1])但是,与我们当前讨论的刑法中的法条竞合有承继关系的,则是19世纪中叶德国刑法学界对法条竞合相关问题的一系列探索。 Germany, as the country of origin of the theory of competition law, has relatively mature research and practice on the competition of law as compared with our country. The retrospective law is in competition with the development context of “country of origin ” and clearly presents it, which may provide some reference for the solution of our country’s problems. Although as early as the Roman law era, the discussion on the competing issue of "v. However, the inheritance relationship with the law in the criminal law that we are currently discussing is a series of explorations of the related issues of the law competition in German criminal law scholars in mid-19th century.