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从1997年《刑法》到2015年《刑法修正案(九)》,有关多次违法行为犯罪化的立法规定逐渐增多,成为我国刑事立法中一个独特的立法例。多次违法行为犯罪化的理论依据主要有人身危险性说、人格责任说、量变质变说和社会危害性说,其中,社会危害性说较为合理。作为一种刑事立法现象,在我国多次违法行为犯罪化正逐渐成为一种固化的立法模式,但学者对其正当性、合理性等仍有质疑,而此种立法仍应按照刑事立法的科学性要求,严格遵循谦抑性原则、经济性原则、禁止重复评价原则和协调性原则。
From the 1997 Criminal Law to the 2015 Amendment to the Criminal Law (IX), the legislative provisions on the criminalization of multiple offenses are gradually increasing and become a unique legislative case in our criminal legislation. The theoretical basis for the criminalization of many illegal acts mainly includes personal danger, personality responsibility, quality deterioration and social harmfulness. Among them, the social harmfulness is more reasonable. As a phenomenon of criminal legislation, the criminalization of many illegal acts in our country is gradually becoming a solidified legislative model. However, scholars still have questions about its legitimacy and rationality. However, such legislation should still be conducted in accordance with the science of criminal legislation Sexuality requirements, strictly abide by the principle of modesty, economic principles, prohibit the principle of repeated evaluation and coordination.