The Path And Content Of The Crime Limitation Of "Multiple Theft"

Multiple burglaries as an optional condition for the establishment of the crime of burglary,theoretical and practical circles are quite controversial about the accurate identification.Whether and how to restrict the criminalization of "multiple burglaries"is a major focus of debate.In this paper,we take the internal mechanism of "multiple burglaries" as the starting point,and explore the justification for the limitation of"multiple burglaries" and the path of the limitation of its criminalization.This paper innovatively proposes to construct a two-way interactive criminalization standard of amount+circumstances for multiple thefts.The first chapter raises questions about the trend of micro-crime expansion represented by multiple burglaries.Focusing only on the justification of the criminalization of the offense,it is inevitable to forget the adherence to the modesty of criminal law.The current law provides that multiple burglaries are criminalized only on the basis of the number of times,and explores the possibility of limiting the conditions for multiple burglaries and adding other considerations.The second chapter analyzes the justification of the path to restrict the criminalization of multiple thefts.This chapter discusses the justification of the restriction of multiple burglaries in terms of the interpretative theory,the principle of criminality,the application of the proviso,and the principle of proportionality.Chapter 3 provides an overview and evaluation of the various paths to criminalization.The three doctrines of "forgivability," "restorability of legal benefits,"and "procedural narrowing of incrimination" are presented,respectively,and their connotations and approaches are outlined,followed by their limitations The first chapter outlines the limitations of the three doctrines,and then points out the limitations of these doctrines,or their inapplicability to multiple thefts.The fourth chapter elaborates on the theory of "punishable offense" and justifies its application to our criminal law.The theory of "punishable offense" was originally derived to limit the scope of criminalization of offenses like "one percent of cases".In this chapter,the relationship between "punishable offense" and "elements of crime"and its theoretical ranking are determined.After that,it will be justified by the compatibility of "punishable offense" with our criminal law.Chapter 5,based on the theory of "punishable offense",proposes a dual criminalization model of "amount+circumstances".The cumulative amount of"multiple thefts" should be required,and the "aggravating circumstances" of the administrative offense can be used as the dividing point.At the same time,for three thefts,there should be a theft is committed again after the perpetrator has been administratively punished.The same theft again after administrative punishment.reflecting the perpetrator has a strong sense of normative violation,proving that it does not have a low level of personal danger,as the amount of the crime,supplemented by the cumulative amount has exceeded the "aggravating circumstances" standard of the combination of multiple violations,a more complete evaluation of the behavior has The social harm.In this way,the crime of "repeated theft" is recognized.