On Several Problems Of Conversion Made

The concept of translation crime has been defined and illustrated in the criminal legislation of both at home and abroad. There are definite articles and clauses on the regulation of translation crime in both the Criminal Law of 1979 and the Criminal Law of 1997 of our country. Legal circle of our country have generally accepted the name and legislative reality of translation crime and reached some common views after wide discussion on the theory of translation crime. However, as a new criminal form, its theory study is not mature so far and legal professionals have quite different opinions on the definition and scope of application of translation crime. Due to the lack of a complete and universal theory on the crime, many problems appear on the application of clauses of this crime during the judicial practice. Therefore, working out an accurate definition and features of translation crime and studying its legislative base and translation principle not only improves the perfection of the criminal theory, but also have great significance in working out proper punishment in accordance with the crime and realizing the aim of the criminal law. Based on the former studies done by others, the author of the paper, according to the regulations of the criminal law of our country, simply analyzes the definition, features, value and recognition of translation crime. The thesis is organized in four parts.Part I is about the definition and value of translation crime. To begin with, by comparing several definitions made by some legal professionals and assessing the strong and weak points respectively, the author works out his own definition of translation crime. Then the author illustrates its value that embodies the three principles of the criminal law.Part II deals with the compositional features of translation crime. In general, it owns the following four compositional features: 1. translational; 2. legal; 3. conditional; 4. sole.In part III, the author discusses the forms of this crime and distinguishes it from other similar criminal forms and in part IV illustrates the legislation and its assessment.