The Theory Of Narrowed Application On Transformed Crime

Transformed crime is a theoretical concept refined and summarized by scholars based on the provisions of the legislation,its theory is the unique one of crime patterns.However,in China,the transformation lack its independent theoretical system in our country's criminal law theory,and also there is a lack of system about scholars' theoretical study on transformed crime,which results the the expansion of the application of current transformed crime,beyond what transformed crime involves.This article is based on the improper expansion application performance in the legislation,theoretical research and judicial practice in our country,and then reveal the problems brought by the improper expansion of transformed crime and concluded the necessity of narrowed application of transformed crime,then put forward the narrowed application theory foundation based on crime constitution and other related theory,finally based on the transformation made narrowed the apply the related theory of choice for transformation of legislation and the judicial path,in order to put forward the guidance of unified theory system about the narrowed application of transformed crime,and enable legislation theory research of transformed crime develop quickly.There are more than 40000 words in the article,in addition to the preface and epilogue,the main body of the article is divided into three parts:Part 1: The performance and problems of improper expansion.The first part begins with the improper performance of expansion of transformed crime in the legislation,theory and judicial practice,and then analyzes the essence connotation of transformed crime.Conversion should be made a seemingly in the process of implementation of the basic crime,because of its appeared in the objective aspect cannot culvert perturbation by the behavior of specific behavior,specific results or specific behavior,along with the specific results and subjective intentional content also towards content including intentional crimes after the change,and association and basic crime,crime convicted and punished according to criminal law after or after the crime shall be convicted and given a heavier punishment.Secondly,based on the improper expansion of transformed crime and reveal the problems in legislation,theory and justice caused by the improper expansion application of transformed crime.Part 2: The theoretical basis of narrowed application of transformed crime.Firstly,put forward the rationality of the narrowed application of transformed crime.The improper expansion of transformed crime can cause confusion of criminal law theory system and it is against the criminal law basic principles,and limiting transformed crime accords with the basic theory of criminal law and principle,and it is conductive to the unification of the maintenance of judicial application.The standards of application of transformed crime should be that the actor's subjective intentional content and objective behavior substantial changes have taken place at the same time,and cannot ignore its subjective intentional content.Only in this way is it advantageous to the maintenance of judicial unification,thus realize the light punishment of felony crimes misdemeanor,and it breaks away from the idea of severe punishment,so that it does not cause the improper application of expansion of transformed crime.Secondly,the transformed crime should meet the requirements of the affirm of the accomplice of transformed crime in order to build the theory foundation of narrowed application of transformed crime.As for the narrowed application of transformed crime,the basis and standards of transformed crime must be provided,thus forming a unified theory system,essentially limiting the application of transformed crime.The basic behavior of transformed crime should constitute crime,the basic crime should be deliberation.Moreover,in the process of transformation of crime,the subjective intentional content of the behavior person are also turned to the content of transformed crime,and the objective behavior has also changed in nature.Again,the narrowed application of transformed crime should meet the requests of accomplice range confirmed.We should make sure of the difference between the common crime of transformed and over limiting behavior of accomplice.Finally,the narrowed application of transformed crime is the requirement of the principles of punishments on transformed crime,which fit more for the principles of compatibility of crime responsibility and punishment.Part 3: The path of narrowed application of transformed crime.This part we main talk about how to improve the narrowed application of transformed crime from the perspective of the legislation and judicial practice,so that the path of the narrowed application of transformed crime can be explored.In the basic crime,the substantial connotation should be that the offenders' objective behaviors and subjective intent have changed essentially in content,so as to form an organic whole,and finally realize the transformation of crime.First of all,to perfect the theory of the narrowed application of transformed crime in China's criminal law,causing the lack of theoretical guidance.Thus,it's clearly suggested that the status of transformed crime in Chinese criminal law should be improved and the standards and conditions of application of transformed crime should be changed.Secondly,regulating the narrowed application of transformed crime in legislation,and trying to perfect the transformed crime identified in legislation based on the theory of narrowed application of transformed crime,so that the nature of transformed crimes in legislation are close to one another,essentially according with the essence of transformed crime.In a word,the rules that don't fit with the essence connotation of transformed crime in Chinese legislation should be cancelled.Such as robbing with lethal weapon;the transformation from misappropriation of public funds to the crime of corruption;Amending and suggesting the rules of transformed crime in legislation based on the definition of transformed crime and the affirmation of key components.Finally,putting forward the legislative amendments of narrowed application of transformed crime and respectively improving the judicial application from the aspect of personal crime and joint crime.