Identified And Legal Understanding Of The Transformation Of The Crime Of Robbery

According to Criminal Law of the P.R.C ,Whoever commits the crimes of theft, fraud, or forcible seizure, and uses violence, or threatens using violence at the scene in order to conceal booty, resist arrest or destroy criminal evidence, is to be convicted and punished in accordance with robbery crime.This is so-called transforming type robbery crime. Because the crime is not typical robbery crime, it is also called "pseudo-robbery crime" by some researchers. The specific problems appearing in the judicial practice reveal deficiency of transforming type robbery crime legislative technique in Criminal Law of the P.R.C , transforming type robbery crime is in conflict withPrinciples of "to proportionate punishment based on law" and "to proportionate punishment for a specified crime"in the course of legal application. The problems appearing in the judicial practice and disputes in the jurisprudential circles reflect the conflict in the legal application.This article divides into four parts altogether to come to carry on the analysis of the transforming type robbery. The first part is the concept and the types of the transforming type robbery crime, and explains the concept to the transforming type robbery crime in detail. Then it definite the transforming type robbery crime in the two kinds, such as positive and the negative transforming type robbery crime, in accordance with the present Criminal Law. The second part mainly carries on the analysis from the transforming type robbery crime from the objective and subjective condition, attempts to analyze the condition from the objective aspect which the transformation type robbery crime establishes. In the section of the objective condition, the author has mainly discussed the two problems. In the section of subjective condition, the author set forth his views on the directly intentionally of the transformation type robbery crime. The third part analyses difference existed in the judicial practice to the transformation type robbery crime, and then makes the discussion on the establishment of the positive and negative transformation type robbery crime. Mainly proved in the whether negative transformation type robbery crime will change into robbery crime when the crime takes some lethal weapon but the victim doesn't have sensation, the age of the crime make the positive transformation type robbery crime need to undertake the responsibility, and at last, make a briefly discussion on the transformation type robbery crime successful and unsuccessful.In the forth part of this essay, the author make a briefly discussion about how to improve the working on the law establishment.