Understanding And Identification Of Transformed Robbery Of Housebreaking

Transformed robbery of housebreaking is the legal sentence upgrading of the transformed robbery. Since the Supreme People's Court's Interpretations on Application of Criminal Law in Robbery Cases When Trying Robbery Cases in 2000, transformed robbery of housebreaking formally enter into the vision of the judicial practice and academic circles. The rules about transformed robbery and transformed robbery of housebreaking are very limited in Chinese Criminal Law, so the disputes about understanding and identity of this crime still exist in the progress of the judicial practice. This paper focuses on the current judicial situation and mainly tries to analyse and solve the qualitative and punishment problems of the transformed robbery of housebreaking in the judicial practice.In addition to introduction and conclusion, this paper is divided into four parts:The first part is the definition of the transformed robbery of housebreaking, which is the base of this thesis. This part introduces the concept and essence of the crime,and its difference and connection with the general robbery of housebreaking.The second part is the exposition of the current judicial situation of the transformed robbery of housebreaking. This part mainly includes the related legal rules of the transformed robbery of housebreaking and the features of the judicial decisions. In the part about the related legal rules of the transformed robbery of housebreaking, the author of the thesis analyses the basic contents, relations and the issues to which should be paid attention when the Article 1 and Article 2 of the Supreme People's Court's Interpretations on Application of Criminal Law in Robbery Cases in 2000 are applied. Based on analysis of the twenty-five judicial documents, the paper finds the features of the judgement of the transformed robbery of housebreaking: the most of defences to the level of violence won't be adopted, the judicial decisions seem to be resemble and the appeal rate is high.The third part is about the issues existing in identity and punishment of transformed robbery of housebreaking. For the identity of the transformed robbery of housebreaking, the paper mainly focuses on the following issues: whether the crime and non-crime of the antecedent actions influence the identity of the transformed robbery of housebreaking; whether the identity of the “household” should be the same as the general housebreaking; whether the purpose entering house influence the identity; how to understand the violence on the spot; how to affirm the accomplices of transformed robbery of housebreaking. For the punishment of the transformed robbery of housebreaking, the paper mainly focuses on the two issues: whether the level of the violence should be considered as the circumstance of the punishment; how to affirm the suspended situation of the translating robbery of the housebreaking.The fourth part is suggestions for identity and punishment of transformed robbery of housebreaking. This part mainly puts forward some suggestions for the issues presented in the third part, and further elaborates the related issues about the identity and punishment of transformed robbery of housebreaking, such as the crime and non-crime of the antecedent actions won't influence the identity of this crime.