The Study Of Transformative Robbery

In the judicial practice, Theft, fraud, robbing and robbery are used, multiple crimes, which consists of theft, fraud, rob into robbery crime is not in the minority. As the amendment to the behavior of the individual rules for stealing a burglary, has already made a controversial "a burglary" into "household robbery" problem become more prominent in the actual criterions for the conviction, necessary to research and analysis.First of all, from the transforming type of robbery crime in our criminal legislation in the history of extraterritorial criminal law and legislation about transformative robbery is took two angles, this paper introduces the general situation of the legislation about the transformative robbery.Second, in the perspective of judicial practice, combined with the basic theory of crime, from the transformation type of robbery crime premise condition, main body condition, subjective condition and objective condition established four conditions, such as a detailed analysis of the constitutive requirements. Specific demonstrates the transforming type of robbery crime condition really means ", including illegal situation, all of the theft, fraud, robbery behavior ". Evaluation of the minors should be transformed robbery crime subject’s point of view, and from the contrastive analysis of the component elements of crime mode to strengthen the argument, Emphasized the conceal booty, resist arrest or coverup of special criminal purpose in the extreme importance of transformative robbery crime, illuminates the violent behavior and subjective particular purpose at the same time. On problems involving "on the spot", puts forward the judgment standard, while inheriting that is "no discontinuity in time and space. From the perspective of the victim and law enforcement, as the starting point from the scene of the crime, illegal crimes without effective control." In the identification of "violence" on the contrast, the doctrine of the mean attitude, compared with ordinary robbery transformative robbery "violence" to some, ruled out the obvious slight pushing instinctual resistance movement, etc.Third, discussing the basic crime constitution transforming type of robbery crime, the author also focuses on the analysis of the unfinished form a transformative robbery crime and joint crime two correction. The author based on the basic principle of criminal law determines the transformative robbery crime also exist crime unfinished form, but it’s only attempted crime and crime to suspend the unfinished form, there can be no crime. And then focus on the cognizance of the common attempted crime, and proposes the standards that the perpetrators of violence behavior harbouring stolen goods, resisting arrest behavior and the behavior of the violence coverup, causing more than minor injury, if there is a finished harbouring stolen goods, the possession of the property, a coverup success and so on four kind of results above are considered with one, otherwise identified as attempted." For more complex transformative robbery and concurrence of joint crime problem, hold "subjective sin" is the core of the conviction, the only on the basis of a key, starting from the basic theory of joint crime in combination with the specific analysis of case classification discussion, it is concluded that the four types of approach, for the judicial practice operation guidance mode.Fourth, then discussed the "household robbery" and "on public transportation to rob" two common increase represented a transformative robbery plot, with the supreme people’s court on November 28,2000 issued "on the concrete application of law in robbery cases of interpretation as the research object, from the three aspects of the controversial issues in the transformative robbery crime has carried on the detailed analysis. Briefly analyzes the relationship between the deterioration of the robbery plot and transformative robbery, put forward the four kinds of judicial practice often involved in the "household robbery" situation. The author thinks that the cognizance of the judicial interpretation provisions "household robbery" itself has exceeded his powers, have, therefore, in dealing with "on public transportation to rob" robbery and other aggravated robbery, the author opposed quoted, and so on for the explanation, strictly control the establishment of the aggravating transformative robbery and accredited. Legislative competence point of view put forward along with all the appropriate specification.Met in the end, the author according to their own hard cases, the article puts forward four specific legislative proposals:first, proposed to "theft, fraud, rob sin" expression is changed to "commit theft, fraud, rob" illegal and criminal behavior. Second, adjust the "conceal booty, resist arrest or coverup" order, will resist arrest in the end. Third, modify "harbouring stolen goods". Write "conceal booty" instead of "illegal possession". Fourth, it is recommended to use in the form of amendment to the deterioration of the robbery plot can apply to the transformative robbery, and how to apply it to make clear rules.