The Research Of The Identification Of Judicial Doubt On The Crime Of Stealing Turning Into Robbing

Transformed robbery is the original concept of the criminal law scholars in China,and it's a fiction of law provisions.For certain purposes,the criminal who commits theft,robbery,fraud,used to behaving violence or threat in the trial practice.Then the nature of the behavior changes.It becomes transformed robbery.Transformed robbery theoretical research in China's criminal law scholars achieved certain results.But in some areas,there's loophole which reflects the attention of China's criminal law scholars transformed robbery remains deficient.As transformed robbery cases increasing in judicial practice,theoretical research seriously affected the judgment.The specific situation of the crime of stealing turning into robbing is more complex than the other two.Therefore the in-depth study of the crime of stealing turning into robbing is extremely necessary.In this paper,the author elaborates and analyzes on whether to use violence and whether to use the murder weapon in the process of escaping capture though the theft case of Mr Hou.Apart from the introduction,the main body of the article is divided into three parts.The first part is the introduction of the burglary of Mr Hou and the controversial focus of the case.The second part is the analysis of the behavior of Mr Hou.On the one hand,it analyzes the definition of the degree of "violence",on the other hand,the identification of "murder weapon" is analyzed.And the conclusion of this case is how should he be convicted and sentenced according to the behavior.The last part is the author's thoughts and suggestions on transformed robbery.By discussing these questions the author hope to apply the research of transformed robbery in theory and judicial practice.And the author wish to promote the relevant laws and make some contribution.