Transforming Crime

"Transforming Crime" is a concept unique to China. It's hard to find out the scholars who make such a concept first. But the debate about "Transforming Crime" never stopped, since the mid-eighties of the last century. In recent years, we can see the word "Transforming Crime" in any Law journals. Although there are many researches about "transforming crime", but scholars have different views, and even failed to reach a unified concept, let alone form a complete theoretical system. And it is difficult to guide the practice of the justice. So the author will attempt to view in the integration of the existing basis, constructing a complete theoretical system of "Transforming Crime" in this article.This essay ,with total of 48000 words, consists of 4 parts, as follows:The first part, this section is an overview of "Transforming Crime", including the concept, characteristics, nature and classification. About the concept, the author reviewed the views of other scholars and made a view that, the concept of "Transforming Crime" should include three parts: the premise of transformation, the conditions of transformation and the penalties. The premise must be that there was a crime, the conditions are statutory cases, the penalties are in accordance with the punishment of the crime transformed to. Therefore, the concept of "Transforming Crime" should be committed: In the course of a deliberate crime, as a result of statutory cases, the nature of the original crime transforms into a more serious crime, and should be punished according to the transformed crime. About the characteristics, I respect the views of the majority of scholars, who adopted the expression of heterogeneity, statutory, and convicted only of sexual, but for more severe, and I think more emphasis should be coupled with a one-way sex to distinguish between the other crimes of two-way. About the nature, I distinguish between the theoretical and legislative technologies, here I just committing the nature of "Transforming Crime" in the aspects of legislation technical. Finally about the classification the author synthesizes the views of scholars, mainly from two perspectives on "Transforming Crime" are classified.The second part, this section is a comparative study of "Transforming Crime", namely the common law, civil law and our "Transforming Crime" were studied. Common law is case law, but "Transforming Crime" is a concept of statute law. So, it may be wrong to study the common law. But I think, although there isn't "Transforming Crime" in common law, there is "Transforming Crime" in their life. So, we can look at what they have to deal with this situation. For the civil law, I analyzed the quasi-criminals and "Transforming Crime", then a comparative study. Finally, China's ancient and the modem legislation of "Transforming Crime" has been committed and analyzed.The third part, this section is the focus of this article, here we discussed the conditions of transformation, the theoretical orientation, and. the Legislative value. And here we also compared with other forms of crime's quality. About the conditions of transformation, I believe that the transformation must be transformed between deliberate crimes, and the original crime must be accomplished or attempted. About the theoretical orientation, from a theoretical analysis of the nature of "Transforming Crime", it's a form of crime's quality. And further by analyzing the elements of crime of "Transforming Crime", we recognize that it is a substantial number of crimes, one crime of statutory. After that, the author compared the "Transforming Crime" and "Imagine competing crime", "Consequential Aggravated", "Combination of crime", "Implicated Crime", "Absorption Crime", "Inclusive Crime". To distinguish the "Transforming Crime" with them, it belonging to a independent form of crime's quality. Finally, the author discussed the value of its legislation. Here, the author analyzed the reason why "Transforming Crime" existed in China's Criminal Law.The fourth part, in this section, first of all, the author identifies the scope of "Transforming Crime". And combined with the current social background, the relevant provisions of "Transforming Crime" required for finishing. In the existing laws and regulations, some legal provisions required additional provisions of "Transforming Crime", some provisions of "Transforming Crime" need to be amended, in order to adapt to the complexity of the specific situation, some judicial interpretation of "Transforming Crime" should rose to law. In this section the author give his own legislative proposals about "Transforming Crime".