On The Crime Of Transformed Robbery

Transformed robbery is a special kind of crime,which has multiple and serious social harm,criminal law theory and judicial practice has a lot of dispute on the transformed robbery in many problems.Therefore,exploring transformed robbery theory has a positive value,and also more instructive to the problems in the judicial practice.In this paper,Transformed robbery related issues were discussed.It divided into four chapters to analyze the argument.The first part,combined the law of transformed robbery,it introduce the concept and a brief history of transformed robbery in our country.And discusses the features of transformed robbery,that is statutory,the dual nature of implement acts and statutory of criminal acts.The second part analyze the constitutive requirements of transformed robbery.In the discussion on the preconditions,combining the criminal theory of transformed robbery,discusses whether "large amount" is a necessary condition of transformed robbery.About subjective aspects of transformed robbery,the most important issue is the conformation of purpose of illegal possession.On the objective conditions,the cognizance of "on the spot" should be consider that "conceal booties,resisting arrest or destruct evidence" and the continuity and concatenation on the space after the acts of "theft,fraud,robbery".And also we should consider the degree of "violence" when we determinate what is "on the spot".The third part is about the cognizance of transformed robbery.First,it discuss if in criminal preparation,criminal suspend and criminal attempt of theft,fraud,robbery can be constitute transformed robbery,and then argue that the existence of transformed robbery crime's unfinished form.The main argument of the fourth part is the common crime of transformed robbery.It focuses on the issue that how to judge the following two situation.In first situation,some of the doer who have antecedent act but not do follow-up criminal behavior.In second situation,someone who don't do antecedent act but do violence act or threats of violence acts in follow-up actions.This paper is based on the legal provisions in the Penal Code of transformed robbery in our country,combined with the criminal law theory to analyze the issues related transformed robbery.And hope for it is propitious to the development of the theory and judicial practice on transformed robbery.