| The transforming offense is a kind of new and special criminal form raised during the study of Chinese criminal jurisprudence in recent years, it is different from other criminal forms which have been in the field of criminal jurisprudence. Not only is it new because of an origin to name this criminal form as transforming offense on the theory of Chinese criminal jurisprudence, but also it is special because of as a legislative model in Chinese Criminal Law and a summery of legislative states on the criminal jurisprudence in reality. So, since the first legislative example of transforming offense appeared in Chinese Criminal Law, there have been many different opinions on the conception and legal provisions of transforming offense, and no common opinions have been arrived at so far. Through arguing about these basic problems, the author will try her best to inquire into the theory of transforming offense and hopes this will be good to the advancement and perfection of the theory of quantity of crimes.This dissertation consists of five parts.Part I : The PrefaceIn the part, the author 's attentions are paid on some problems which are come from transforming offense and the reason why the author want to write it. The author hopes that it can promote the development of the theory.Part II: Conception of Transforming OffenseThis part is divided into three sections. The first section is about difference between "transforming offense" with "quasi-offense" and "additive-offense". After comparing, the author draws a conclusion that the name "transforming offense" is better than those two. The name "transforming offense" is easy to understand and can reflectcharacteristics of this criminal form sufficiently than "quasi-offense" and "additive-offense". It is exact and appropriate to use it. The second section pays attentions on all kinds of concepts of transforming offense on the theory of Chinese criminal jurisprudence. After comparing, the author puts forward her own concept of transforming offense in the third section. Namely, the transforming offense refers to the crime of an executor carries out an act of one intention crime is completed offence or attempted crime, because of appearing some subjectivity and objectivity elements, the basic crime transforms and is fit for another intention crime' constitution of crime. According Chinese Crime Law, it should be convict and punish as the second intention crime.Part HI : Constitution Characteristics of Transforming OffenseThis part consists of five sections and every section is about one of constitution characteristics of transforming offense. The first section analyses the terms and conditions of transforming offense. The second section pays attention on the nature of crime transition. The third section is about terms and conditions of crime transition. The fourth is statutory in code of transforming offense. The lastly section is about result of crime transition.Part IV : Thinking About Transforming Offense in the Chinese Criminal LawThis part is divided into two sections. The first section is about arguments and analyses of transforming offense of Chinese Criminal Law. The author's attentions are paid on two problems. The first is the coordination between some parts of legislation and provisions of the transforming offense isn't enough; the second is lack of the theoretical basis in some part of the related legislation. Through observing, the author thinks that some part of the related legislation in the present Chinese Criminal Law aren't fit for as transforming offense. The secondsection is about analyses and evaluations on the legislation of the transforming offense.Part V: The Study of Difficultly Problems of Transforming OffenseThis part is divided into two sections. The first section analyses the statue of transforming offense in the field of criminal forms. The author thinks that the transforming offense is one of the non-typical of crime in number. The second section compares transforming offense with other criminal forms. For exam... |
PDF Full Text Request