Incorporating crimes, as a long-standing stipulation of positive law, has always been focused on the characteristics of enhanced penalties under the theory of crime interpretation, and even whether, as a specified provision which excludes the application of the theory of coopetition. Given the various discourses raised from the aforestated mindsets, after a wave of heated discussion, the doubts on the legislation of incorporating crimes still have not yet been satisfactorily addressed, as if a fish bone is stuck in one’s throat, existing in our nation’s criminal legislation.
In the light of the worsening confusion arises from incorporating crimes, this article is based on a firm belief that the cause came from the overlooked understanding of the elements of crime, and thus it is to change the mindsets of others on criminal legislation and to restore the true features of constitute elements, so as to distinguish the statutory elements of the exercise of legislative power, and to demonstrate that incorporating crimes is sugar-coated with statutory requirements, which in fact is poisonous for the constitutive elements. What is implied behind it is with the unique history of our nation, administrative power has been combined with legislative power to protect specific policies, which violates the purpose of restraining the exercise of the country’s penalty power upon the current tide of thought on criminal law and hence claims the sublation of incorporating crimes.
