The Study On The Problem Of Transformational Cirme

Transformational crime is a special definition of our country. The discussionabout transformational crime has not stopped since the Criminal Code in1979stipulates the transformed robbery. So far no official status in the criminal law theoryfield by the reason that there are no clear theoretical basis to define the scope of it.The aims of the regulations of the transforming crime is to accord with the principleof legality, to adapt to the crime and the principle of criminal law that reflects theModesty and economy requirements, and to handle special cases that occur inpractice to provide a simple, scientific sanctions. Base on some researches, analysis,and deeply thinking from the angle of the laws on the problems of transformationalcrime including its concept which is extremely controversial, its features, thelegislative situation in China, also the other similar quantities of crimes, the Authorprovides some theoretical basis for judicial practice.This article consists of four parts besides the preface, epilogue, and the editorwill gradually analysis the basic theory of transformational crime:Part one defines the concept of transformational crime including three elements.Firstly the editor comments on different understanding of the concept oftransformational crime in the theory field and concludes on the meaning oftransforming crime which may be more scientific and reasonable. Transforming crimemeans that actor implements some lighter intentional criminal acts which constitute acrime, to the degree of a qualitative change, in line with the other constituentelements heavier intentional crime, the law applicable to the case of another felonypunishable. The second part, which contains three elements, summarizes the meaningof transforming crime around its constituent features. Thirdly the editor traces thetransformation of the first committed in ancient China and modern legal texts of therelevant provisions, and come into the conclusion that transforming crime havecertain historical heritage.Part two is the condition of transformational crime, followed by the conditions of transforming crime, including charges occurred and the special reasons of thetransforming crime. Conversion charges behavior must be independent of thecriminal acts. The necessary conditions are accomplished and the attempted crime.Transformed crime is also a separate criminal act of crime. The reason fortransformation is the changes of the subjective and objective aspect of the actors.Part three, the article talks about the legal conditions of the transformation. Theeditor combs the current scope of the regulations of the transformational crime lawsin our nation and defines the conditions of the transformation. Then he discusses thevalue of the legislation of the transformational crime, which will reflect the principleof adapting crime with punishment, correspond punishment to the laws. Also it cansolve some practical problems by law in complicated situations.Part four, the discrimination to legislation of the converted crime. The authoranalyzed more than ten statutory provisions which is regarded as the legal form oftransformational crime by some scholars one by one. And then the author made somesuggestions to modify a few of articles of law from the aspect of legislation, theoryand judicature.