Study On Transferred Robbery

Transformed robbery is a common type of crime in practice. There are controversies in every aspect in transformed robbery since the complicated crime components and the general regulations.The first part of this article begins with crime components of transformed robbery. From the perspective of prerequisite, in the Criminal Law sections, the statement is "guilty of theft, fraud, snatch crime", this statement made the academia has debates over the years. There are at least three types of theory that if the acts of theft, fraud, snatch should meet the standard constitutes a crime in prerequisite of transformed robbery. The writer believes that the limit of the amount in prerequisite is not reasonable. Additionally, special types of theft, fraud, snatch, such as the crime of illegal felling of trees, stealing firearms, ammunition, special larceny theft of state organs documents and other documents and seals, contract fraud, financial fraud, financial fraud, credit card fraud and other fraud as well as a special state-owned archives snatch crime, robbery special snatch firearms, ammunition and other crime would be components of prerequisite of transformed robbery. This paper also made an corresponding explanation of the transformed robbery subjective purpose. And transformed robbery subjective purpose should include whether the purpose of illegal possession, the academic debate is ongoing. For example, that if the purpose of the perpetrator's violence or the threat of violence is not harboring stolen property, resisting arrest, destruction of evidence, it can not constitute transformed robbery. This article holds a positive attitude. The extent of the use of violence or threat of violence, this article from ordinary robbery comparative perspective of their point of view. In addition, there is a major problem of the composition of transformed robbery, that the the person who are fourteen years old but under 16 years of age can or cannot constitute the main body of Transformed Robbery. Accurately identify the constituent elements of transformed robbery helps judicial practice fair and reasonable and fair.And then we discusses the relationship between the transformed robbery and committing conversion. Most scholars believe that transformed robbery is a type of conversion. This is also the reason that the crime is called transformed robbery. However, the research for this paper to define the conversion of discoveries into committing robbery committed despite the conversion coincides with a degree of presence, it still had a lot of different features and transforming crime. Therefore, an important task is to clarify the nature of transformed robbery, which is also a better research into transformed robbery. In this paper, the writer illustrates the view starting with various reasonable and unreasonable doctrines.Transformed robbery are divided into two parts because it is the previous behavior and acts constituting the rear, it leads to the next if the previous behavior did not meet the conditions of accomplishment, transformed robbery whether accomplished; and there are also transformed robbery and illegal possession harboring stolen goods, destruction of evidence, the purpose of resisting arrest, then accomplished crime with which a subjective purpose as scholars have debated. This leads to the conversion of attempted transformed robbery is difficult to identify. Scholars have also generated a fierce debate. And scholars have different views in the problem that if there is attempted transformed robbery, the author expounded this in this paper as well.The last part of this article discusses the accomplice of transformed robbery. Due to the two parts of transformed robbery, which includes a previously behavior and later acts of violence, so it may cause some perpetrator to participate in pervious behavior and not involved in later acts, or the perpetrator engaged in later acts without pervious behavior, in these cases, is the perpetrator constitute a crime. In addition, for perpetrator under 14 years of age who has no criminally responsibility, but whether the perpetrator will become an accomplice transformed robbery? For these problems, the paper expounded and cited a number of cases with national and international scholars'views.