The Researches And Analysis Of The Basic Question In Transformation Offense Of Robbery

The transformation offense of robbery is the question that is complex harmful serious violence crime. It is always the key point which our country criminal law attacks, and which meets frequently but is difficult in the judicial practice. The transformation offense of robbery occurs frequently in reality, because the law itself does not stipulate the definition, and the transformation offense of robbery recognizes that some questions, such as the transformation offense of robbery prerequisite question, the transformation offense of robbery's accomplice question, the attempted question and so on, which all have been puzzling the judicial practical realm since long, and also the major disputable problem in the academic circle. This article with the aid in a piece of case, has conducted the research on these questions in the form of the case analysis report.The full text altogether has been divided into five parts as follows,The first part: Main points. Namely Wang, Zhang robbery.The second part: Case. This part has summarized suspect Zhang, Wang after the implementation burglary behavior that implements the violence for the resistance capture to cause the victim Zhuang who got minor wound in the entire process.The third part: The focal point and divergent opinion of this case's dispute. This case has three dispute focal points: 1. Whether Wang's behavior can constitute the offense of robbery, whether the transformation offense of robbery takes the advance behavior constitution crime as a premise? 2. If Wang's behavior constitutes offense of robbery, whether Zhang does constitute the offense of robbery accomplice? 3. if Wang and Zhang's behavior constitutes offense of robbery accomplice, then its crime shape is attempted or the accomplished offense? The author has also elaborated three focal points and different processing opinions of the practice department to this case in this part.The fourth part: Legal principle theory of law analysis. In this part, the author has first introduced the stipulation about the transformation in our country, and has summarized the transformation offense of robbery legislative stipulation of other countries and the areas. Next he has analyzed the transformation offense of robbery prerequisite, introduced different understandings of the educational world to transforms the offense of robbery prerequisite. Through the analysis, it obtains that the transformation offense of robbery does not take constitution of the larceny, the crime of fraud and robs as the premise. So long as the person implements the burglary, the cheating, to rob the behavior, it meets the transformed requirement and is possible to transform as the offense of robbery. In this part the author has also analyzed the convertibility that the transformation robbery has related the transformed characteristic in details, explained why the transformation occurs, as well as how to accomplish the transformation, and qualitative completes the upholstery for as follows to Wang the behavior. The author analyzes whether Wang's behavior constitutes the offense of robbery through the analysis on important document about transformation offense of robbery's constitution and further clears some related concepts such as "on the scene", "violence". Once more, the author has analyzed the time question which relates to the offense's main body condition, the detachment condition, the subjective condition as well as the accomplice which meets one's satisfaction produces. Finally, he introduced the accomplished offense of robbery and different understandings about the attempted question on the transformation of the educational world. The author obtains the transformation offense of robbery accomplished offense, the attempted discrimination standard through the analysis, namely only then the author has already not obtained the belongings which do not create above the result of the victim's minor wound only then for attempted. So long as it obtains the belongings or creates above the result of the victim's minor wound, it is the accomplished offense.The fifth part: Conclusion. The author has believed that because 1. Wang has implemented the burglary behavior and the violence to resist the capture on the scene, which conforms to the transformation offense of robbery constitution important document, his behavior constitutes offense of robbery. 2. Zhang escapes, making use of Wang's violence, which is the behavior that he cooperates with other people's violence with the positive motion, therefore which recognizes for the accomplice. 3. It creates the victim's minor wound, Wang, Zhang criminality constitution accomplished offense.