The Crime Conversion Study

In the theory of transformed crime studies are usually conducted after the legislation, according to the legislative change and change. But because the legislation level limited and the reality of crime conversion of diversity and complexity, just follow law regulations, is difficult to good for the crime conversion behavior judgment and the conviction, but also makes the theoretical loss of the direct action to practice. Crime conversion each situation are included in legislation and be expressly provided, is unrealistic and unnecessary. We cannot ignore the fact that transformed a lot, also must strengthen in the form of numbers of crimes in the field of transformation of a crime fact judgment and study, make the crime conversion of a more open and autonomy. Based on this view, the article from a judicial practice case proceed with, divided into four chapters on the transforming crime in-depth study. In the first chapter generally introduces the development history and the current conversion makes the basic situation, points out the defects of the theory; the second chapter of the transformed crime is defined again, think it contains not only the legal transformation, and a wide range of factual conversion, and on the fact that the transformation of a crime judgment in detail. In the third chapter, on the basis of the previous chapters, the transforming crime for the expansion of transformation, the fact that included, and to convert a point--transformation were studied, and concluded:in the constitution, basic crime and crime of conversion between the two special relevance is the solution to the the breach of the problem. The fourth chapter factual conversion included a sin and judgment, and the absorbed criminal, continuous offence and implicated offense are compared. And then to judicial case as an example, on its two basic types are analyzed and compared.