On The Transforming Crime Issue

The research of criminal form has always been a significance and profound topic within the criminal law theories, to study in-depth, it usually directly relates to crime judicial cognizance in criminal judicial practice. Transforming crime is the theory summarizes of criminal legislation generalized by scholars, it differs from other current crime forms of our continental law system and it also does not have foundation of the principle theories of criminal law. These cause the divergence on basic theories of transforming crime in theoretical field. Thus, systematic theory study on transforming crime has essential research value. It not only can improve the theoretical system, but also perfect china’s quantity crime pattern theory and guide the application of judicial practice.This dissertation consists of preface, five body chapters and conclusion. Preface part talks about the origin and research significance, research status, thoughts and methods, etc. In the text, the author clarifies the description from five levels, that is, the ontology, the orientation, the relationship with related crime patterns, the evaluation of application in legislation and the construction of the theory.In chapter one, the author discusses the ontology of transforming crime. Firstly, clarify the dispute points and roots from controversy on the theory determination, then define out the standing point of the research. Secondly, summarize the characteristics of basic constitutive elements; especially focus on the features of mainstay and subjective crime points. Then clear its existing scope through the definition of "Advanced behavior" and "Transform condition", express the central issue by analysis several types, besides, lay the foreshadows for the following research on accomplice crime.In chapter two, the author discusses the fundamental theory of transforming crime. On the one hand, deduce the definition’s rationality from comparison England-America law with our continental law. On the other hand, proclaim the progressive of the theory from the development of transforming crime legislation. The appearance of transforming crime follows with the fundamental theory and accordance fact. The author summarizes the legislation value in china, and indicates the theoretical value of transforming crime legislation at the same time.In chapter three, the author discusses the relationship theory of transforming crime. Following the definition that the transforming crime is one special of the crime pattern, it leads out the discussion on the relations with other crime patterns and convicting principles in the configuration with other related crimes. The transforming crime can divided into based crime and transformed crime. To further extent, it defines the possible crime forms and relationship between based crime and transformed crime. The transforming crime of a common crime differs from the cognizance of aggravated crime, consequence crime and imaginative joined offenses. It analyzes the cognizance of transforming crime by accomplice lopsided crime.In chapter four, the author discusses the legislation application on the transforming crime. After the comparative analysis among various countries’ criminal legislation, as well as share the changing process and characteristics of our specific terms about transforming crime, it can deduce that the academia still have divergences on the legislative scope. Through the comprehensive analysis and redefine of the legislative range, we can clarify the criminal legislation of our country about the applicability of transformed crime.The chapter five discusses the improvement of transforming crime theory. Actually, the transforming crime theory fundamentally still cannot escape from the crime theory framework, but the transforming crime does not belong to any type of crime, whether the actual crime, statutory crime or convicting crime.The author executes theoretical analysis from the nature of transforming crime legislation at the same time. Then indicate the theoretical dilemma according to the existing conversion. What’s more, seek the breakthrough and improvement from convert theories. Finally, only rely on the practical and theoretical research about transforming criminal legislation, the theory will become mature and can put into practice.