对多次犯的反思

Reflection on Crime of Times

多次犯是刑法规定的以多次同种违法行为作为犯罪构成要件的犯罪,是我国刑法中的特有概念。多次犯不属于特定的罪数形态,与连续犯等罪数形态既有联系又有区别。根据侵犯法益的不同,多次犯的范围应当重构,内容应当考虑将多次同种违法行为累计数额,其总额达到犯罪数额起算点即构成犯罪。

In the criminal law, the crime of times is defined as a crime whose constitution is multiple but the same illegal behavior, and it is a unique concept in Chinese criminal law. The crime of times does not belong to a specific form of quantity of crime and it has some connections and differences with the form of quantity of crime such as continuing offense. According to the difference in situations of violating legal interest, the scope of crime of times should be reconstructed, and its content should also be considered to accumulate the amount in repeated but the same illegal behavior. When its total reaches the starting point of criminal amount,the act should constitute a crime.