Analysis Of Transformed Robbery

Because the relevant provisions of the transforming robbery are simple and general in Criminal law and the relevant judicial interpretations are not very clear, so that academics have various arguments for the conditions of transforming robbery and the identification of other relevant problems in judicial practice. This paper mainly probes into the elements of transforming robbery and the identification of accomplishment and attempted and joint crime, by the aim to provide useful helps for solving similar cases.The article is divided into four parts, about 18000 words.Part one: The basic facts. The paper introduces the basic situation of the case, the cause of action and focuses of the case. The focuses of the case are the identification of the elements of transforming robbery and the identification of accomplishment and attempted and joint crime.Part two: Disputes and disagreements. The paper describes the disputes on the identification of the elements of transforming robbery and the identification of accomplishment and attempted and joint crime.Part three: The theory analysis. This is the main part of the article. Combined with relevant law, the paper analyses the above three disputes from legal theory. First of all, this paper analyses the identification of the elements of transforming robbery, including: the object, objective conditions, subject and subjective conditions. The first one is the object of transforming robbery: infringing upon the public or private property ownership and rights of the person of citizens as ordinary robbery. The second one is the objective condition of transforming robbery: ?. the precondition of transforming robbery "committing theft, fraud, and rob", for the theft, fraud and rob whether must achieve "large amount", the paper holds that the theft, fraud, and rob behavior does not require"large amount", but not including amount small petty theft behavior;П. the objective conditions: "implementing violence or threat of violence on the spot," about "the extent of violence or threat of violence", the paper points out that it can be more light than ordinary robbery. About the understanding of"on the spot", the paper points out that the time and space of the violence or threat of violence can be like the behavior of the theft, fraud, and rob, or leading the appropriate extension act. The third one is the subject condition, over the age of 14 minor under 16 years old whether apply the transformative robbery, the paper suggests that the ages should be blowed into the range. The fourth one is the subjective condition of transformation robbery: including the purpose of illegal possession public or private property, and the purpose of booty, resist arrest or coverup. Secondly, the accomplishment and attempt of transforming robbery, the paper points out that the form of distinguishing between accomplishment and attempted of transforming robbery as common robbery. Thirdly, the joint crime of transforming robbery, two or more persons jointly conduct a theft, fraud and rob, only part of them behavior violence or threat of violence for booty, resist arrest or coverup on the spot, the paper holds that it shall analyses concretely according to the actual situation, the different situation behavior different conclusion.Part four: the conclusion of the study. This paper points out how to handle the case, and advances some suggestions on perfecting legislation of transforming robbery.