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Analysis Of The Basic Theory Of The Transforming Crime

Posted on:2011-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:H Q CheFull Text:PDF
GTID:2166360305481236Subject:Criminal Law
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Since the Criminal Code in 1979 stipulates the transformed robbery in article 153 ,transforming crime ,as the initiative of scholars of Criminal Law in China, have been the focus of the controversy. The aims of the regulations of the transforming crime is to accord with the principle of legality, to adapt to the crime and the principle of criminal law that reflects the Modesty and economy requirements, and to handle special cases that occur in practice to provide a simple, scientific sanctions. At the same time, in theory and practice of community sectors, there are so much disputes about the basic concepts, basic features that have committed a serious impact on the theory and practice of transforming crime in the use of building role. The strengthening research of transforming crime can provide theoretical support to the legislation, so that the law can be normative in form and content, while can help Justice practitioners to master spirit of the legislation and raise awareness of the application of law. I want to form some superficial views about transforming crime and enrich the research of transforming crime ,and to make the theory to have a slightly certainty of connotation and denotation.This paper is divided into five parts, and the article will gradually analyse the basic theory of transforming crime.The first part is an overview of transforming crime. Through the analysis of the development process of transforming crime, we can get a preliminary outline of the development of the basic form of transforming crime, and define research methods in order to make the basic positioning before start building the theoretical system of transforming crime. Section I traces the transformation of the first committed in ancient China and modern legal texts of the relevant provisions,and come into the conclusion that transforming crime have certain historical heritage.The historical heritage have the binding forces to the study. While the second section refute the "abolition of transforming crime" argument which supports by certain scholars. I hold the view that the slow development of the research owe to the old-fashioned research methods, thus supporting Dr. Fan Defan's "transformation into committing factual" idea, and advocating the innovative research methods.The second part is the concept of transforming crime. the concept of transforming crime is defined as committing theoretical system built. This section first outlines the definitions of transforming crime which define by scholars and make the pros and cons analysis to these definitions, and I advocates we should first study the reasons of transforming crime and to explore this critical issue to arrive into the conversion of the reasons for committing the crime and the transformation of the basic elements of the crime of which constitute the content a special relationship, that is, actors in the implementation of the basic criminal process or after some of the subjective and objective facts, or directly with the underlying crime, some of the subjective and objective elements of the combinationOr in place of some of the basic objective and subjective elements of crime after crime, some of the basic combination of objective and subjective elements, resulting in the transformation of the basic crime. Finally, the transformation of a number of issues committed to analyze and, ultimately, make a right into committing a more scientific definition.The third part is guilty of the basic characteristics of transformation. This section summarizes the transformation of the three major characteristics of offenders, transformation of the space-time homogeneity (time conditions should be for the duration of lawlessness; space conditions should be for the same place or a reasonable extension of the premises), transforming the criminal heterogeneity (two crimes at the crime constitutes a fundamental difference between the elements), and the qualitative transformation of the crime became more serious nature (conversion is guilty of misdemeanor into a felony), and the basic characteristics of each detail on the subject.The fourth part is guilty of conversion at the legislative level and the fact that levels of expression. Committed to the transformation caused by the basic type of classification are reviewed, and advocates the emergence of a result of the outcome of the case into the actual rather than as a transformation for the Consequential Aggravated Criminal offenders.Part V is the transformation of the number of crimes committed with the other form of comparative analysis. Into committing the identification in specific cases can easily be confused with other forms of crime, particularly with the Consequential Aggravated Criminal, Implicated Offense and absorption committed. Similarities between them both, but also have significant differences. Similar patterns through a comparison between the number of crimes can be committed to deepen the understanding of the Transformation, more accurately grasp the transformation of committed extension and intension.
Keywords/Search Tags:Transforming crime, Crime conversion, Crimes in fact transitional form, The coincident and the combination of some elements
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