Multiple theft is a cross-legislation paradigm of execution,and its legitimacy is based on the social harmfulness theory which combines objective and subjective positions.When integrating the form of cessation of crime into the measurement of sub-purposes,it should be noted that only the attempted form of administrative illegal act meets the requirements,and the form of suspension and preparation need not be measured.Based on the inclusion of the attempted form of administrative lawlessness,it should be admitted that the whole of multiple theft also has the attempted stop form.When the theory of continuous crime is integrated into the measurement of sub-purpose,the measurement of sub-purpose should adhere to the position of one crime in the field of both formal crime and actual crime.In the specific identification of continuous crime,we should adhere to the restrictive position.When the principle of prohibition of repeated evaluation is integrated into the measurement of sub-purposes,the principle of prohibition of repeated evaluation is the requirement of the principle of balance between crime and punishment.However,this principle is not equivalent to prohibiting secondary evaluation,and evaluation can still be carried out based on the non-thorough and comprehensive requirements of evaluation and the explicit provisions of the law.
关键词
次目/连续犯/多次盗窃/犯罪停止形态/禁止重复评价原则
Key words
subcategory/continuous offense/multiple thefts/pattern of cessation of crime/the principle of prohibiting repeated evaluation
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