On The Problems In Recognition Of Transformed Robbery

The robbery is a common crime of violence, which invaded the multiple objects. So it has the bigger social hazardous nature, and has been the focus of the criminal law. The transformed robbery as a special case of robbery which is stipulated by the criminal law 269th, in addition to require the criminal element of the standard robbery, but also restrict the transformation of prerequisite conditions, subjective and objective conditions. The issues involved are complex, so an accurate understanding of transformed robbery into the legal provisions and judicial interpretations, correct recognizing the transformed robbery have the extremely vital significance.This thesis study the recognition of transformed robbery through the several difficult issues in trial practice, emphatically discusses the following questions:First, limits the scope of transformed robbery, clarifies its definition and characteristics to differentiate into other types of transformed crime. Next, discusses the transformation factors of transformed robbery from the three aspects: the age of crime subject, the former acts and the space-time conditions. The prerequisite conditions should understand to implement "theft, fraud, forcible seizure acts", neither implement "theft, fraud, forcible seizure crimes"; as a condition of space-time "on the spot" refers to the spot of implementation "theft, fraud, forcible seizure acts", rather than the spot of "harboring stolen property, resisting arrest or destruction of evidence". Simultaneously, "on the spot" should have four criteria: One is the place connection, two is the time continuity, three is the fact connection with steals and so on, four is the continuation situation of pursuing.Again, on the basis of correctly recognition of the transformed robbery, further researches the crime pattern, and regards the existence situation and recognition problems of attempted transformed robbery.Finally, proposes several perfect law suggestions to the transformed robbery. Based on the analysis of transformed robbery into a number of issues, this thesis points to law improvement suggestions to the transformed robbery, hoped to benefit the development of the theory of criminal law and judicial practice...