Research On Transformed Crime

As a legislative model, transformed crime was first created in Chinese Criminal Law and was a summery of legislative states on the criminal jurisprudence in reality. So, since the first legislative example of transformed crime appeared in Chinese Criminal Law of 1997, the scholars reached some common views after wide discussion on the theory of transformed crime. However, as a new criminal form, its theory study is not mature so far and legal professionals have quite different opinions on the definition and scope of application of transformed crime. Due to the lack of a complete and universal theory on the crime, many problems appear on the application of clauses of this crime during the judicial practice. Therefore based on the former studies done by others, the author of the paper, according to the regulations of the criminal law of our country, simply analyzes the definition, features, value and recognition of transformed crime.The thesis is organized in five parts except the introduction.Part I:The summary of the transformed crime. This part consists of four sections. The first section is about the history of transformed crime. After comparing the author draws a conclusion that the name"transformed crime"is easy to understand and can reflect characteristics of this criminal form. The second section is about the meaning of transformed crime. The author thinks that the establishment of"transformed crime"is advantageous to the richness and consummation of Chinese legal theory,and is advantageous to maintain the seriousness and authority of Chinese Criminal Law, and has the extremely vital significance to criminal law theory research and the judicial practice. The third section is about the status of transformed crime. The fourth section is about the value of transformed crime. The author illustrates its value that embodies the two principle of the criminal law. Part II:The concept,the compositional features . This part divides into three sections. Section one is about several definitions in academic circles, after comparing, the author gets the concept of transformed crime in this paper. Section two is about the six compositional features of transformed crime.Part III:The recognition of transformed crime. This part consists of two sections. Section one is about the differences between transformed crime and other criminal forms. In section two, we should grasp several questions when recognizing transformed crime.Part IV:The punishment of transformed crime. This part divides into two sections. Section one is about the principle of the punishment of transformed crime, and the author thinks that punishing the transformed crime must be according to stipulation of criminal law, and it is the request of the principle of Chinese Criminal Law. Section two is about the analysis of the exterior characteristic of transformed crime, and the author thinks that punishing the transformed crime must be according to the Criminal Law.Part V:The discussion on the legislation and the consummation of transformed crime. This part consists of two sections. Section one is to discuss the article of transformed crime in present Chinese Criminal Law, and draw a conclusion that the present legislation law about transformed crime has a lot of problems. Section two is about the legal assessment on the stipulation in Chinese Criminal Law. And the author thinks that some malpractices of transformed crime in criminal law can be revised and consummated.