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犯罪形态问题研究具有重要的理论意义和实践价值,多次犯作为一种犯罪形态,在近年我国刑法的修订中出现频次较多,但有关刑法理论研究尚显得相对滞后。多次违法行为的犯罪化背后是行为人主义刑法的日渐抬头,过度承认多次犯可能不当扩大刑法的干预范围。目前,我国关于多次犯的立法和司法解释还存在立法依据不甚明确、规定的过于分散、所涉罪名过度扩张和认定条件不统一等瑕疵,因此,我们应从明确立法依据、加强立法的统一性、有限犯罪化和统一认定条件等方面对我国多次犯予以适度限制。
The study on the problem of criminal patterns has important theoretical and practical values. Repeated offenses as a form of crime have appeared more frequently in the revision of criminal law in China in recent years. However, the study of criminal law theories still lags behind. Behind the criminalization of many illegal acts is the rise of behavioralist criminal law. It has overly admitted that it violated the scope of the criminal law that may improperly extend criminal law. At present, there are flaws in China’s legislative and judicial interpretation on multiple crimes such as the unclear legislative basis, the excessive dispersion of regulations, the excessive expansion of charges involved, and the inconsistency in the determination of conditions. Therefore, we should clarify the legislative basis and strengthen the unification of legislation Sexuality, limited criminalization and unification of the conditions found in China on many occasions to impose appropriate restrictions.