Research On The Problem Of Transforming Offense

The so-called Transforming offense refers to the perpetrator in the implementation of a lighter intentional crime(basic crime)process,due to have a certain situation,but also violated another heavier crime(transformation of crime),criminal law to convert The crime of conviction and punishment of the crime form.According to the theory of existing transformation,the transferee has the independence of the transformation condition,the correlation before and after the behavior,the heavier nature of the crime,the conviction uniqueness and so on.There are eight legislative cases in our criminal law that are clearly stipulated as criminalsAccording to the nature of the crime of conversion,the transferee can be divided into the infringing person and the transgression of property.According to the different ways of intervention of the transformation factors in the transformation process,the transferees can be divided into the transferees who commit the behavior and the transferees who added the behavior.According to whether the behavior of the conversion can constitute a crime independently,the conversion of criminals can be divided into standard conversion and quasi-type conversion;According to the objective conditions of the conversion,the transferee can be divided into a specific behavior of the conversion of criminals and specific results of the conversion.China's research on the theory of transformation is still in the initial stage,the theoretical positioning is still controversial.There are also some shortcomings in legislation,including the single model of legislation,the inaccurate expression,the unqualified allocation of legal punishment,the narrow scope of legislation,There are also many difficult problems in the judiciary,which has seriously affected the proper handling of the relevant cases.Therefore,our country should attach importance to the research of the transgender in theory,and perfect it in legislation and judicature.A clear transformation of the crime belongs to the scope of the crime;In the general provisions of the criminal law to increase the relevant provisions of the conversion,the provisions should be rigorous legal terms,so that before and after the statement of the same.The legal punishment should be adjusted on the basis of the basic crime of the transferee and the legal penalty for the transformation of the crime and the conditions for further clarification.The scope of the legislation of the transferee should be appropriately expanded to solve a series of judicial problems.