Research Of Transforming Crime Of Pillage

As the regulation of the fiction of the law, the transformed robbery is that someone commits the offense of theft, fraud or plunder, for the harboring of stolen property, resisting arrest or destorying criminal evidence, in acts of violence or in acts of coercion, this behavior will be convicted in accordance with robbery. The paper will be divided into three section, it researchs transformed robbery by comparison and induction methods.Sectionâ… introduces the case of Mr.Ding's transformed robbery.The author introduces this case in detail. Because Mr. Ding is juveniles of 14-16. There are different viewpoints on how to determine the nature of the behavior of Mr.Ding's first unsuccessful stealing and then hurting the person by violence.Sectionâ…¡analyzes disputed focal question of the case of Mr. Ding's transformed robbery.It is two disputed focal question of this case that if the precondition of transformed robbery must constitute offense and juveniles of 14-16 can be subject of crime. At present, there are many doctrines about this question in the field of criminal law The author first introdudces and analyzes the theoretical basis and weakenss of different theories and then put forward his own view and then give enough demostration. In this case, Mr. Ding first had a larcenous behavious(though he didn't succeed); Then he hurted someone when he resisted arrest, his behavior accorded with composition of transformed robbery absolutly. However, because the actor was juveniles of 14-16, he shouldn't be subject of transformed robbery according to the law thoery or the way to protect the juveniles.Sectionâ…¢, there are some thought on the case of Mr. Ding's transformed robbery. Through the detail analysis of the criminal law and the explanation of jurisdiction, the author thinks that the 269 article of our criminal law is not clear. And the explanation of two jurisdiction has conflict. For these reasons, there are great dispute over weather juveniles of 14-16 can be subject of transformed robbery in the field of criminal law. Meanwhile, it also brings the confusion to the jurisdiction and the same crime are convicted different punishments frequently. If it goes on, the internal coordination of criminal law will be destroyed and the human rights won't be protect. So the author put forward many suggestions aiming to comb and integrate relevant legislation term and judicial explantions to remove this flaw and unify our juridical practice.