Research On The Transformed Robbery

The transformed robbery, a seemingly no problem "crime", in fact, there are many problems both in criminal law theory and judicial practice; "Criminal law" the 269 th, a seemingly mature and no dispute law, actually there are still many problems in practical application. In recent years, the transformed robbery cases increased year by year, experts and some practice of criminal law theoretical workers gradually begin to research transformed robbery related issues. So, a seemingly very old problem gradually catches the criminal law scholars' attention.Undeniably, he transformed robbery in the judicial practice or in criminal law theory, some problems are not as some scholars said no need to research, on the contrary, some problems are still worth researching, because don't talk in the criminal law theory have formed the so-called "point of view", only from the point of the judicial practice, transformed robbery do exist many problems. As a result, analyzing the basic problem of transformed robbery thoroughly, and then entering its meaning and boundaries of the problems is necessary.The text is about fifty-five thousand words, besides preface and conclusion, main body is divided into four most:The first major analyzes the relationship between transformed robbery and transformed crime.By introducing the concepts and characteristics of the various views about transformed crime, combing problems of the transformed crime theory existing.On this basis, denying the "point of view" that transformed robbery is a transformed crime,holding that transformed robbery and transformed crime is not the same,emphasizing when analyzing transformed robbery must stick to its legal fiction.The second major expatiates the terms of the establishment of transformed robbery in detail.For the premise condition, analyses three problems: "theft, fraud, rob crime" should be strictly grasp, must to constitute a crime is necessary, not constitute a crime generally illegal behavior cannot be the basis of type transformed robbery behavior;shape of criminal offense of theft, fraud, rob should be limited to attempted and accomplished form, preparation and suspension is not set up a transformed robbery;the components of robbery does not contain the components of theft, they are not contain relationship, cannot be balanced in order to achieve the so-called crimes, robbery evaluation into stealing.For the objective conditions, analyzes two main problems:combing with the latest "robbery opinion" regulation, "on the spot" refers to the scene of theft, fraud, robbing and actor has just left the scene was found and others catch;he degree of violence or threats of violence behavior shall be consistent with the degree of ordinary robbery violence standards, namely must achieve enough to suppress the other degree of resistance.For the subjective conditions, should adhere to the establishment of the transformed robbery should not require must have the purpose of illegal possession, the subjective content.The offender's violent behavior in order to conceal booty, resist arrest or cover up,if the aim of the violence is to get property illegally, which shall be directly identified as common robbery.For the main body condition,insisting that the body of the transformed robbery is general body,any natural person having a criminal responsibility is over the age of 16 one full year of life, has reached the age of 14 minors under 16 years old cannot serve as the main body of a transformed robbery.The third major analyzes the unfinished form of transformed robbery.Unfinished form of transformed robbery should be strictly grasp, adhere to the translation attempted robbery shall be suspended and form, but should not have a prepared form.A transformed robbery in clear violations of personal law and property law on the basis of good is as important as,adhere to the transformed robbery is attempted to distinguish the criteria should be the same as ordinary robbery, namely more than property or cause minor injuries. It's one or the other, a transformed robbery belongs to the accomplished; both do not have, transformed belong to the attempted robbery.The fourth major analyzes the aggravating circumstances of transformed robbery.Among them, analyses the "household robbery" and "armed robbery".For the "household robbery", should adhere to the "door" for rob,commit theft, fraud, robbery crime, should not be regarded as the "household robbery".For the "armed robbery" shall be determined strictly, "armed robbery" is referred to the behavior person use or display, possession of firearms on robbery behavior, and the "gun" refers to the real gun, a lethal does not include the imitation guns and fake gun.