Transformed Robbery Of Mainland And Taiwan

In today’s society, with the prosperity of the economic activity, staff mobilityhas increased substantially, and with the widening of the gap between the rich andthe poor, values become confusion and diversity. As the most harsh and seriousviolations of property crimes, robbery is increasingly rampant. In daily life, thetransformation from acts such as theft and snatch to robbery is not uncommon. Suchcriminal behaviors once happened, the hazards of the occurrence have a greaterrandomness, uncertainty, and there is a considerable degree of the social harmfulness.Thus this sin became the key object of the China’s Criminal Law to prevent theobject of attack. In China’s Criminal Law, it was classified as the transformedrobbery, but in China Taiwan Region, it was called the quasi-offenses of robbery.Although these are all violations of the property crime, from the name to theconstitution of the crime, even to the criminal patterns, there are obvious differencesbetween the Mainland and Taiwan due to the cultural practices, the legalenvironment and other aspects. Through the contrast introduction of relatedprovisions between the transformed robbery of Mainland and Taiwan’squasi-offenses of robbery, this paper aims at understanding the setting merits of therespective provisions, especially the merits of the constitution of the crime and crimepatterns. It derives the reasonable part of the provision in the Taiwan Region byunderstanding and analyzing the related provisions of Mainland and Taiwan, givingcomments and suggestions to perfect the setting of provisions about the transformedrobbery of the Mainland Region.This thesis adopts the separate–general construction to divide the followingparts, and each part will analyze the different levels of the crime.Firstly, the introductory section will contrastively introduce the legislativehistory of the transformed robbery and the quasi-offenses of robbery betweenMainland and Taiwan, in which will introduce the concept of “first pirates afterstrong” that was appeared first in the chapter of “Zeidao” and “Tang Code”, the related provisions in “the Draft of Criminal Law” and “New Criminal Law” that wasmodified in the late Qing Dynasty, as well as the provisions of “the quasi-offenses ofrobbery” in the provisions of the criminal law during the Kuomintang regime periodbefore the founding of New China. The first part understands the history anddevelopment of our transformed robbery through the above description andintroduction. In addition, this section will also introduce the relevant provision aboutthis crime of the main civil law countries, namely Germany and Japan,comparatively studying the characteristics of the provision and setting about thetransformed robbery of Mainland and Taiwan’s quasi-offenses of robbery byintroducing the description of the “robber theft” part of German and the “afterwardsrobbery” part of Japan.Secondly, the thesis contrasts the constitution part of the transformed robberyand quasi-offenses of robbery, among which the first step is contrasting the criminalname address form between the transformed robbery of Mainland and Taiwan’squasi-offenses of robbery. What are the similarities and differences between“transforming commit” involved in some charges of Mainland and“quasi-committed” involved in the crime of the Taiwan Region, and which charges ismore reasonable for adopting? The second step, in pre-condition types, the MainlandRegion sets the crime of fraud the range of pre-condition, while the pre-condition ofthe Taiwan Region only includes theft and robbery. Is it reasonable for the provisionto put fraud into the law, and for judging the natural of the pre-condition, betweenthe ordinance setting of the Mainland and Taiwan Region, which is more reasonablefor making discourse and judgments? The third step introduces the similarities anddifferences between the Taiwan Region and the Mainland Region in the provisionsof the main conditions about this crime, where focusing on the age of criminalresponsibility of this crime, and contradictory analyzing the provisions of the minorcrime section to provide a reasonable point of view; The forth step: this thesis willmake the related discussion by comparing to know whether the description of theprovisions about the three statutory purposes of objective conditions of this crime inMainland and Taiwan is reasonable and whether the wording of the ordinance isaccurate. The Chapter III contrastively analyzes the patterns of crime between thetransformed robbery and the quasi-offenses of robbery. The first step, because thegeneral view of the Mainland and Taiwan all think that this crime doesn’t havepreparation, this thesis doesn’t make a comparison. The second step respectivelysummarizes doctrine views of Mainland academics and Taiwan academics about thecondition of accomplished or not accomplished, and makes classified comparison,providing reasonable judgment standards by comparing the research. The third step,because scholars of Mainland and Taiwan only have few differences about the theoryof complicity identification in the joint crime section of this crime and moreconsistent on the whole, this thesis summarizes the related academic opinions of theMainland and Taiwan and discusses the point of view which is agreed by the authorform many viewpoints by comparing.Finally, the conclusion sums up the main points of the preceding chapters.Whether the crime of fraud should be removed from the types of pre-condition in theconstitution of the crime and whether the pre-condition need to be crimeindependently; the provision setting of the age of criminal responsibility in the maincriteria; the reasonable and accurate statement in the provision of the three purposesin the subjective aspects; the criteria of accomplished or not accomplished of thiscrime and the judgment of the situation about joint crime in the patterns of crimewill be simplified and summarized in the final conclusion section.