Research On The Problems Of Transforming Crime In Common Crime

As a great and profound research topic in the field of science of criminal law, theforms of the crime is given considerable attention. The research status on it not onlyreflects the development of criminal law theory, but also often concerns the LawApplication of criminal cases in the judicial practice. Although study on the forms ofthe crime is very important, the scope of the study has not yet been fully developed.Except for some forms of crime studied deeply, most theoretical study contents whichbeen discussed are still relatively weak. Transforming crime of research has enteredthe academic research field of vision,but some complex situations,such as thetransforming crime intersecting with other crime formations, still get not enoughattention and research on it is not thorough. Under this background, the author wantsto discuss the transforming crime, especially the basic theory of transformation crimeon the common crime and related problems,combining the knowledge of criminal lawtheory with some typical criminal cases. The emphasis of this paper lies in theprinciples and key factors about transforming crime in common crime and complextransforming of gathering in the common crime, these contents above should bediscussed with professional perspective according to the real criminal cases. Thispaper is divided into the following three parts:The first part discusses the basic theory of the transforming crime, expounds theconcept of transforming crime and its basic characteristics, mainly discusses the legal conversion, sums up its legislation in China’s Criminal law. The main purpose ofwriting this part is to construct the theory foundation of this paper. The key content ofthis part contains the theoretical study of transforming crime by the macroscopictheory perspective, the most essential explanations over the crime’s nature of thechanges in micro perspective,and it finally makes a generalization about legislationsin China’s Criminal law.The second part is core part of the article, discussing the concept of the transformingcrime in the forms of common crime as well as the basic recognitionprinciples.Through the analysis of a typical case from illegal detention into intentionalhomicide complex joint common crime, this part sums up some factors which shouldbe taken into account when dealing with complicated joint crime of transformingcrime under general conditions and ways to confirm members’ criminalresponsibilities on the basis of their subjective and objective content, the division oflabor as well as the different effects in order to determine whether conviction astransforming crime or not.The third part is also another important component of this paper.This part discussesone special form of transforming crime in common crime, namely affray crimetransforming crime.As one kind of common crime,gathering crime is one multipletypes of accomplices and its transforming crime’s related problems becomes difficultas well. The logical structure of this part is the same as the second part,mainly on thebasis of affray crime theory and the analysis of case to determine correctly themembers ’responsibilities.