In recent years，With the rapid development of mobile payment and digital management，Self -service checkout has been popularized in the retail industry。According to the "2022-2028 Global Self -Message System Industry Industry Research and Trend Analysis Report" released by Hengzhou Chengsi，2021 Global Self -service Booking System Market size is about 3 billion yuan，It is expected that it will continue to maintain a steady growth in the future，By 2028, the market size will be close to 5.3 billion yuan，The compound annual growth rate in the next six years will be 8.4 %。Especially in the environment of epidemic prevention，Self -service checkout that does not need to contact with people is favored by the majority of merchants and consumers。But，Self -service checkout while bringing convenience to the masses，It also provides a hotbed for the new illegal criminal acts -the actor adopts less brushing products when self -cating、Replace the product scan information and other means to achieve the purpose of not paying or less payment。This behavior constitutes theft without doubt，The current controversy is mainly，When the cumulative amount of the stolen goods has not reached the "large amount" standard，Can the theft be based on the "multiple theft" in Article 264 of the Criminal Law? Analysis of real cases based on judicial practice。

[Basic Case] ​​The defendant Liu Mou in a supermarket in Mapo, Shunyi District, Beijing，Adopt some products that do not check out in front of the self -receiving machine，25 stolen various products in the supermarket，Sales price of stolen goods for more than 1,000 yuan。After the incident，Liu will pay 13,000 yuan Bet365 app download in compensation after refunding the economic loss of the supermarket，Get supermarket forgiveness。The People's Court of Shunyi District, Beijing was sentenced to nine months in prison for theft，One year of probation，and punish RMB 2000 yuan。After that, the Beijing Third Intermediate People's Court rejected Liu's appeal request，Maintain this original judgment。【(2021) Beijing 03 Sentence 612】

[Legal analysis] According to Article 264 of the Criminal Law，There are 5 types of theft behavior: the amount of public and private property is large、Multiple theft、Household theft、Conduct with weapon、pickpocket。Traditional opinion thinks，The actor is at the same place、Multiple stolen behaviors implemented by the same victim at different times belong to Article 264 of the Criminal Law。But，In the case of self -service checkout，The rationality of traditional views is worthy of doubt。

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First，From the perspective of the legislative change of theft，The crime of theft in the Criminal Law in 1979 was only based on the amount of amount as the criterion，The implementation of multiple theft "theft" is just the increase in punishment for the crime of theft。1997 "Criminal Law", the amount of theft and theft of public and private property is large as the two basic behaviors of theft，The number of behaviors is no longer aggravating punishment conditions，Become a crime condition。On November 4 of the same year, the "Explanation on Several Issues on Specific Application Laws of the theft of theft" issued by the Supreme People's Court on November 4 of the same year explained the "multiple theft" as a theft of households within one year or more than three times in public places。2011，"Criminal Law Amendment (8)" is separated from the theft and pickpockets from multiple thefts，The type of behavior that is independent of the theft with the theft of the theft of the weapon。bet365 Play online games From the history of the development of criminal legislation，Multiple theft changes from sentencing standards to conviction standards，It contains the behavior mode of households or pickpockets，To show its serious social harm，So after these two items are moved out of these two contents，Simply involved in the number of times should be stricter，At least in terms of social harm, it must be considerable with other behavior types。It can be said，The number of times the number of times is completely reflected in the person's personal risk rather than the social harm of the actor，So，It is not appropriate to take the number of times without considering the amount at all.。

Next，From the perspective of the social effects of multiple theft of convictions，It is difficult to obtain a good social effect with the number of times that is completely separated from the number of times.。Based on the perspective of the actor，Theft is the first concern instead of the number of times; from the perspective of the victim，The number of property rights is difficult to compare with the amount; from the perspective of the general public，Items with extremely low theft value of theft are not in line with their judicial expectations for theft。So，It is difficult to give full play to the prediction of the criminal law with the number of times that is completely separated from the amount of quantity、Guide、Evaluation、Education and other legal effects。

Last，From the judicial practice of multiple theft cases，Multiple places have issued relevant regulations in practice，The amount requirements have been added to this type of case。Although these regulations have not yet formed a unified standard，But it is enough to explain the standard of separation，Simply entering the crime in the crime circle will cause improper expansion，Not only is it wasted judicial resources，It does not meet the principle Bet365 lotto review of humility of the criminal law，And the labelization after the crime is not conducive to the actor's change of the new and returning to society。

　　Special characteristics of this type of case

First，The result of the result is not only the result of the actor's free will，It is also determined by the external conditions of society to a certain extent。Different from ordinary many theft，Multiple thefts using the self -service checkout system must use system vulnerabilities and poor supervision。"Slowly Tibetan Thieves，Metallurgical and Moisturizing "，Multiple theft caused by self -service checkout is caused by the victim。Mall、The supermarket uses the self -service checkout system to greatly reduce the labor cost for yourself，But set the "human nature trap" for others。If the mall、Supermarket can be supervised properly，In fact, this kind of many theft is not easy to happen。In this background，One generally believes that the behavior of the perpetrator constitutes the crime of theft crime，It may be too harsh。And，With the improvement of the social credit system，This kind of behavior will also be greatly reduced。So，According to the humility of the criminal law，It is not advisable to equalize ordinary multiple theft with multiple thefts of self -service checkouts。

Next，The perpetrator has a certain lightweightness in condemnability。From the judicial practice of such cases，Most actors are often because they have no intention of leakage and they are not found when they are cheap，Then there is a behavior that deliberately brushes it in the follow -up。In some cases，Mall、Supermarket has already locked the actor with powerful electronic data，But the case is reported after the number of behaviors reaches the number of times or the amount.，The purpose is to "lesson" actors and even get high compensation，A chain brand supermarket has even formed a common practice for such damage incidents Bet365 lotto review to rising to criminal cases。Mall、The value of the product of the supermarket ranges from a few yuan to tens of thousands of yuan，In this type of case，The actor's behavior does not reach the amount standard，It is often because of its choice of daily necessities、​​Food，This is not different from the general reasons for the amount of the amount in the amount of the amount of multiple theft.，This type of case reflects the lower French hostile meaning of the actor。

Last，Methods to have a certain amount of publicity。Traditional understanding of the crime of theft is a secret stealing，Multiple thefts with self -service checkout, although it is concealed during the period when the checkout and the stolen place will be brought out of the stolen place，But overall perspective still has certain publicity。Judging from the current self -service checkout method，Self -service checkouts will almost have image monitoring，Shopping malls using self -service checkout、There will also be daily income and expenditure inventory in the supermarket，In addition, the mobile payment method for self -check -in will be closely linked to personal identity information。In other words，Different from the flow stall，Under normal circumstances, multiple theft of self -service checkout can be discovered afterwards。Although some scholars believe that the form of theft is not limited to secret stealing，But different from ordinary blame，According to the principle Bet365 lotto review of humility of the criminal law，The blatant stealing of the perpetrator can easily lock the perpetrator，Civil compensation can be adopted at all、The method of administrative penalties for relief。

　　Qualitative standards under the type of thinking

Types thinking refers to more openness compared to traditional conceptual thinking、structural、Middle thinking of the characteristics of value orientation、Mixed thinking。Belin's constituent elements theory is based bet365 best casino games on type of thinking，It believes that the requirements for legal composition are not the collection of elements of a crime concept，Instead, the appearance image of the criminal behavior is displayed through the combination of these elements，For legislators，It is necessary to build a type of responsible illegal behavior based on different degrees of penalties，Differentiated。

my country's legislative mode adopts a mode of qualitative increase in quantity，For the crime of theft，The appearance image of the most typical type of theft behavior is the greater standard for theft of public and private property，In this appearance image，Theft and amount of theft and amount is not an element that is not isolated，Instead of combining the appearance image of "theft with a certain value"。At the same time，Legislators can also use the addition of other elements to form a new behavior type，pickpocket、Conduct with weapon、Household theft、Multiple theft is a new behavior type formed by adding new elements，However, the type of new behavior type must be achieved through the new elements。For pickpocket、Conduct with weapon、For household theft，Not only reflects the characteristics of the actor's behavioral type，More importantly, when the public and private property does not reach a certain value，These new elements strengthen the degree of punishment，For example, carrying the murder weapon theft reflects the perpetrator's premeditated execution of crime，There is a risk that further violates the health and safety of others。For multiple thefts，The core characteristics of ordinary multiple theft are that they can reflect the more resolute meaning of the perpetrator through the multiple implementation of the perpetrator，and the risk of further expanding the results of the crime，Therefore, the amount of theft can be strengthened，Bet365 app download However, cases using multiple thefts with self -service checkout cannot reflect the core feature because of its particularity，Can only meet the "multiple" formal features。So，This article thinks，Multiple thefts using self -service checkouts are not "multiple thefts" in the crime of theft，When the theft does not reach a large amount of standard，Such behavior should not be guilty。

　(Author Unit: School of Law of Renmin University of China)