The Study On The Transformation Of Robbery

Transformed robbery is independent of the ordinary robbery and its social harm is great. transformed robbery is a legal fiction of the crime, the law must set strict Elements of conviction and sentencing considerations.Although China's current criminal law and judicial interpretation of such regulations have covered transformed robbery, but some provisions are very vague, leading judicial practice into robbery-related issues in the disposal of different. Study on the Robbery in the transformation of the basic issues remain disputed.Therefore, the project of transforming Robbery has important theoretical and practical significance.This paper bases on the reality, to address specific problems in judicial practice as the main objective, closely around the judicial practice into rigorous and scientifically recognized as the central issue robbery commenced. Start with the concept and characteristics of robbery transformed, and transformation of the basis to start around the robbery theory transformed into subjective and objective conditions of the crimes, body, and behavior conditions, standards and other controversial spots accomplished discussed, with specific case studies in practice into a variety of related robbery and difficult problems is proposed trial of China's current Criminal Code article 269 of the perfect proposal, it expecte to promote the wealth of legal theory, help to judicial practice departments accurately sentenc the correct grasp of transformed robbery conviction.This paper pays attentian to issues as follow:(1)The expressly provides of the law is the external legal basis of the transformation of the crime qualitative. However the coincidence and ductility of the elements is the inherent theoretical basis. (2)There are two prerequisites for the establishment of transformed robbery. Firstly, the perpetrator has embarked on theft, fraud snatch behavior, however, whether the amount of the act above meets the standard of the crime or not, or the act has been accomplished or not will not affect the establishment of robbery. Secondly, the perpetrator should be over 16 years who have the ability of criminal responsibility. (3)To make the theft, fraud and snatch transform into robbery, the perpetrator must prosecute violence or threat with violence on the spot objectively, and act with the three aims to control properly, resist arrest and destroy criminal evidence subjectively. (4)If the perpetrator of transformed robbery has taken the property away or cause hurts over minor injuries, they will set up looting accomplished, and there are still distinctions between attempted and accomplished to its aggravated criminal.