Debates On The Crime Of Transformed Robbery

The Crime of Transformed Robbery is refers to the author to violate the burglary, the cheating first, robs the crime, the latter situation changes, the crime nature transforms immediately, finally determines guilt by the offense of robbery the punishment situation.Since continuously, the judicial organ when has tried this kind of case, because to in the criminal law related stipulation understanding is not unified, causes qualitatively when to this kind of case has the very big difference, finally has the misjudged law case to occur unavoidably. It shows in judicial practice as follows: Firstly, a crime do exist when it's really happens, except for severely stealing. While a robber is a practical criminal. That is to say, when a robbery happens, the crime exists. Secondly, the perpetrator who has fulfill fourteen years old must able to his criminal liability. While the age of the criminal of stealing crimes must above sixteen. So two views on transforming robbery arise here. Thirdly, the standard for a robbery needs huge amount of money stealing. While anther point of view is that though there is no limited of a rob crime, it also has no need to limit transform robbery. Lastly, one point is only the stealing concern about treasures, it can transform into a robbery. Another is when the stealing do much harm to society, we may surely consider it is a robbery.The correct understanding relevant law laws and regulations stipulation, to the correct trying case, defends both parties' right, simultaneously punishes the criminal offender, enhances judicial organ's to have the extremely vital significance in people's heart confidence level.How can we solve the problems above? The article pose a view on the transformation robs that whether a transformation rob or a common one, its all commit a crime. The addressing difference is only distinguished between their action and their subjective consciousness. A rob crime is founded if a robber accords with all essential factors following here: an able man who has fulfill 14 years old, with the aim of seize others treasures illegally, using force or threaten by force during robbery. It accords with the original desire of set up laws; settle the dispute between law and concerning lawful explaining and according with some foreign criminal lawful explaining.The view on the transformation robs solved a series of contradictions. The author to violate the burglary, the cheating first, robs the crime, the latter situation changes, the crime nature transforms immediately, finally determines guilt by the offense of robbery the punishment situation. Then anybody can be a thief , no more a minor; and there are also no amounts limited on stealing; robbery will never limited in treasure stealing; either finished or unfinished stealing are also stealing. While age of the criminal, the mount of stealing money , whether using violence or not can be considered into the punishment.Under the guidance of the above view, it will do much benefit on our legal construction and shock the crime, make officials enforcing laws more impartial and convenience, to release corruption phenomenon.