The Robbery Case Of Pan Chenggang And Others-on The Application Of Transformed Robbery

Rule 269 in China's "Criminal Law" has made special provisions about transformed robbery, and the Supreme Court has also made the corresponding judicial explanation. Transformed robbery is a special form of robbery, referring to the situation that the nature of certain behavior has deteriorated and should be punished in the legal evaluation as robbery because the objective or subjective aspects of human behavior has taken a specific change in the process or after the process of stealing, defrauding, or robbing. However, theorists have certain controversies about transformed robbery because the legislation is too in principle and general and criminal justice explains the definition of the relevant issues not so clearly, and inconsistencies and lack of coordination exist between the legislative system and judicial system. Especially in the judicial practice, there are difficulties defining the type of the crime, balancing the applicability, and determining the nature of accomplice's behavior.In view of this, this paper analyzes "the transformed robbery case of Pan Chenggang and others", combining a number of controversial issues with some theories in legal system, and proposing legislative changes to the criminal provisions, and a clear definition and explanation of the composition of the crime, in order to solving the disputes raised by the identification of this crime in judicial practice.This paper contains three parts:introduction, body and conclusion.The introduction proposes that the definition of transformed robbery in the legislative and judicial explanation is too in principle, thus making it not conductive in determining transformed robbery in judicial practice.Body part is analysis of controversial issues involved in "the transformed robbery case of the "Pan Chenggang and others", which could be divided into three parts:The first part is a review of how the case happened and how it is trialed, letting readers have a general understanding of the whole case.The second part is discussion about the three controversial issues in this case which also could be divided into three parts:(a) analysis of whether the previous behavior is criminal or not is crucial to the establishment of transformed robbery, by combining the case and theories and the law; (b) theory and legal analysis of spot time and space condition in the use of violence or threats of violence in transformed robbery, and analysis of determining the extent of violence or threats of violence in transformed robbery; (c) analysis of determining acts of omission of the accomplice in the violence or threat of violence in transformed robbery.The third part is the conclusion proposing legislative changes to the criminal provisions, and a clear definition and explanation of the composition of the crime. It's the end of the paper.