On Some Issues Of Transformed Robbery

Robbery is a kind of traditional crime, this crime is not only violating the citizen’s property rights, at the same time, it poses a serious threat to the personal rights of the citizen. As a result, countries all over the world give severely punishment on it in their criminal law through the ages.The transformed robbery is a special form of robbery, it is just a theoretical name, and it’s not an independent crime. The transformed robbery is constituted of the theft, fraud, and spoils these three criminal acts and the following act of violence. Because of the constitution of transformed robbery is complex and difficult, so both in theory and in judicial practice have a lot of controversies on it.This text based on the theory of criminal law, around constructing the scientific, rigorous judicial recognition system of the transformed robbery, from the following aspects makes a deep analysis of the transformed robbery.Section one, overview of the crime of transformed robbery. This part start with the evolution of the legislation on transformed robbery and briefly describes the general situation of domestic and foreign legislation on it. Considered that transformation crime includes not only the criminal acts could commit it, but also includes that offences could transform to the criminal acts. Then writer analyses the concept the features and the classification of transformed robbery.Section two, the established elements of transformed robbery. This section from the subject of crime, preconditions, subjective and objective conditions set out respectively the established elements of transformed robbery. Considering that the person who has already14years old under16years old can not constitute a transformed robbery, the first behavior in the precondition need not to reach "large amount",in" using violence on the spot or threaten by using violence," the "spot" is the place where theft, fraud, and spoil these behavior implementing and the place where just leave but hunted, and the degree of violence should be grasped strictly think that only those serious violence could transform into robbery.Section there, research on some problems of transformed robbery. Through the analysis of several special problems, further defining the crime of transformed robbery. Consider that theft, fraud, and seize who prepares for a crime, suspend crime can’t convert into robbery, and who attempts to it could form a transformed robbery. Accomplishment of transformed robbery and attempted to it determine that whether the perpetrator after the violence eventually obtained property or cause the victim above the minor results as standard. Make special type of theft, fraud, and spoil also could be converted into robbery. When identifying the accomplice, we should according to the principle of subjective and objective consistent changed according to the concrete circumstances.Section four, determination of the aggravating circumstances for the crime of transformed robbery. This part discussing that if transformed robbery could apply the aggravating circumstances of "home robbery" and "robbery on public transport", considering that the two aggravating circumstances can be applied to the crime of transformed robbery.Section five, the legislative defects and perfection of transformed robbery. This part respectively set out the defects of preconditions, defects of the objective conditions and subjective conditions of transformed robbery in legislation. According to these, the paper puts forwards some appropriate recommendation, with a view to the development of the theory of the criminal law and judicial practice sector benefit accurately the conviction and sentencing.