| Traditional theory of quantity of crimes adheres to "the natural thinking method". The quantity of crimes is regarded as the original quantitative attribute of crimes. This simple thinking method is causing not only a complicated problem domain in the theory on quantity of crimes, but also a double-mainstream malformed system and an unreasonable conclusion on the quantity of crimes. Transplantation of the concurrence theory cannot help avoid the dilemma of the theory on the quantity of crimes because the two systems are similar in methodology. We should promote the "functional thinking method" and accordingly limit the scope of the problem domain with the function of the theory on the quantity of crimes in criminal law system. On this basis, it is also necessary to establish new standard on the quantity of crimes and make new distinction between one crime and several crimes. The theory on the quantity of crimes has the filtering function before the imposition of combined punishment, namely to filter out the cases which are appraised repeatedly before the judgment on the number of crime is made, so as to avoid the imposition of combined punishment in these cases. Therefore the discussion of the quantity of crimes is needed not in all cases, but only in cases where different crimes are committed. The standard on the number of crimes is not the measurement unit of the number of crimes, but the embodiment of the function of the theory on the quantity of crimes, which is to evaluate whether there is an overlap of infringed legal interests between or among different crimes in a case. If there is, we see the case as that of one crime; if not, we see the case as that of several crimes and a combined punishment is needed. |
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