Transforming Crime Problems

The crime conversion is a widespread and existent phenomenon in criminal law. And the converted crime was initiated by Chinese scholars as the notional category of criminal law. But there are different arguments in the concept, characteristics and criminal compose of converted crime by scholars. Converted crime is not only penal legislation category but also objective phenomenon of criminal case, even an independent theoretical system of criminal numerical shape in criminal. It has its own concept, characteristics, types and other primary categories. We couldn't treat it as a vested prescriptive explanation, but as a theoretical model of criminal numerical shape. The article began with the analysis of the concept of the converted crime, and then discussed thoroughly the basic problems of the converted crime in order to making the study to the converted crime with the cognition of science more completely.This article is composed of five parts, totally more than 40,000 words.Part Ⅰ: The summary of the converted crime. The author appraised some definitions at first and abstracted a series of controversial problems of the converted crime. To begin with expatiating on them, the concept of the converted crime has been found out. And then, the author presented two basic sorts of the converted crime.Part Ⅱ: The conditions that makes the converted crime existence. In this part, the author expatiated the conditions with the theory of requisites to constitute a crime. It was divided into for parts to discourse. They are subject of crime, subjective requisites of crime, objective requisites of crime and object of crime.Part Ⅲ:The determination of the nature and the punishment to the converted crime. After analyzing all kinds of opinions ,the author came to conclude that thelegal form of converted crime is a declared guilt and the crime in de facto converted form is a juridical guilt.Part IV: The compare between the converted crime with other criminal numerical shapes in criminal. The legal form of converted crime compared with combinative crime and aggregated consequential offense. Also, the crime in de facto converted form compared with absorbable offense and implicated offense.Part V: The discrimination to legislation of the converted crime. The author analyzed more than ten statutory provisions which was regarded as the legal form of converted crime by some scholars one by one. And then the author made some suggestions to modify a few of articles of law. Finally, the conclusion that the author have made is: There are five provisions in penal code belonging to the converted crime.