On Transformed Robbery

Robbery not only violates citizens’ property rights, but also threats citizens’personal rights. According to the article No.269in Chinese Criminal Law, thetransformed robbery, is just a theoretical name instead of an independent crime.Therefore, transformed robbery dose not exist in Chinese Criminal Law. By referringto the relative analysis of criminal theories and related judicial practice, it can befound that transformed robbery includes the advanced behaviors and subsequentbehaviors, which make transformed robbery a complex crime. Because of itscomplexity, there exist a lot of controversies in both relative criminal theory andjudicial practice on the transformed robbery.Though there are lots of controversies on transformed robbery, it is impossible toinvolve all of them. This study will only focus on the relatively fundamental ones.Firstly, it is important to make a clear definition before a study is made.Therefore, the chapter one of this paper introduces the definitions of transformedrobbery. Specifically, it will includes three parts, namely, the general situation of thelegislation on transformed robbery at home and abroad, the definitions ontransformed robbery, and characteristics of transformed robbery.Then chapter two turns to focus on the essential elements to commit transformedrobbery. Analysis is done from three aspects. They are the preconditions of crime,subjective behaviors and objective purposes. By reviewing relative ideas, the writerof this paper gets the following results. The subject of crime in transformed robberyshould the relative-responsible person, and its pre-behaviors should not have toconstitute crimes like theft, forcible seizure, and swindling. As to the objectivebehaviors, the writer agrees that in “using violence on the spot or threaten by usingviolence" the "spot" refers to the place where theft, fraud, and spoil happens and theplace where suspects are arrested as soon as they are found to leave; and the degree ofviolence should be grasped strictly in order to avoid critics on criminal law. Inaddition, the writer of this paper thinks that criminal law should not present specific degrees on violence, because it differs from person to person.In chapter three, it discussed some controversial problems about transformedrobbery. By analyzing the several special problems, this study holds that the state ofpreparing to commit a crime does not exit in transformed robbery. As a kind ofcalculated crime, transformed robbery can be terminated because the doer can stophis behavior on his own will. Besides, the writer of this paper also believes that theonly criteria on whether one constitutes transformed robbery is whether one has gotthe properties. And the identifying of the accomplice, following the subjective andobjective consistent principle, should be dependent on the specific condition.Lastly, chapter four concerns on the demerits of legislation on transformedrobbery. Its demerits are discussed from the preconditions, the objectiveconditions, and the subjective conditions of transformed robbery in legislation.Towards these defects, the paper puts forwards some appropriate suggestions, whichare aimed to shed light on the relative theoretical development and judicialrecognization on transformed robbery.