The Research On The Application Of The Transforming Crime

In the theory of criminal law,scholars have different understanding on the transforming crime.such as,the legislation and the concept of the transforming crime. Reflect to the case that failed to get a consensus,and it brought a variety of puzzles.The author thinks, the limitation of law, the development and changes of the society, and legislators subjective limitation which cannot lead a scientific requirements of accuracy and strict match. The final destination of the study is that getting the reasonable kernel from the the criminal law. So as to guide the judicial practice and to make the content of the criminal law rich.This thesis is about thirty thousand words, and it is divided into four parts:The first part mainly expounds the generation and development of the transformed crime.Since the article153gives a stipulation on the transforming robbery in Criminal Code in1979,the transforming crime has been a focus of the controversy. In the continental law system,scholars in the area of criminal law called it some other words instead of ’transforming crime’;The legislative style which made a specific statements is rare;In most cases,it takes the aggravated punishment legislation mode. With the development and the science of the legislation,there is an obvious sign in the transforming crime,such as "punishing the transforming crime according to the criminal law".The second part is the noumenal problems of the transforming crime.This part is so important that it has a larger space.The author sorts out the differences and similarities between different concepts by argument on the concepts of transforming crime,and then make an intensive study of it.Firstly, the author thinks, the former behavior may be the crime, it can also be illegal behavior which does not constitute a crime; Secondly, the transforming condition will be summed up as " fact", which is fully defined "transformation conditions".Then the author give the transforming crime a desinition that because of a factor in a given situation that someone who does some illegal or criminal activities,the Criminal Law prescribes a several crime.In addition, it is classified into two groups. The third part points out the significance of the transforming crime by from the legislative of the rationality on transforming crime, which based on the problems in-depth study;Besides,there are lots of complex problems in it. Through the research on the crime of transformed robbery, we can convert the main body undertakes an analysis, and draw a conclusion that the relative age for criminal responsibility should not be the behavior actor of the crime of transformed robbery; We also get other deducations by further studying.The fourth part gives the transforming crime a new statement from another viewpoint.For one thing,we admit its reasonability;for another,it has some restrictions,and we cannot deny it. Therefore,we must apply the transforming crime according to law strictly,and we cannot expanding its range blindly.