Research On The Crime Conversion

The phenomenon of crime conversion comes from antinomy in the philosophy, so it occurs generally in the domain of crime. Scholars in china create the concept of"crime transform"base on the item 153 in 1979'penal code, and so conclude that crime conversion only occurs because of law prescribing. In fact, it is impossible to cover all of the numerous and complicated crime conversion in finite items of criminal law. The lawmaker can't take every kind of crime conversion in the articles of criminal law. There are also kinds of factual conversion besides legal conversion. So the research about crime conversion should not only be confined in the articles of criminal law but also transcend the text of law. Just because of this the author considers that the crime conversion can be divided into two kinds, one is legal, the other is factual conversion. And then the dissertation will discuss the subject in four parts by the method of analysis, demonstration and compare.Chapter 1 first indicate that the crime conversion comes from antinomy in the philosophy and it occurs earlier than criminal law, and then review the concept of"crime transform", figure out the crime conversion includes legal and factual. The research about crime conversion is important for theory and practice.Chapter 2 sets three parts about conditions of crime conversion. First is the space-time condition, second the preceding crime and invert crime must have some relation with each other. The third, subjective and objective transform of criminal.Chapter 3 is about legal conversion, it consists of three parts: how to express in criminal law, compare the legal conversion with other modalities of criminal, the eight articles about legal conversion in the 1997'penal code.Chapter 4 is the outspread about factual conversion. There are differences between factual conversion and other criminal configuration. Base on the cases from judicial practice, the factual conversion contains the neglected convert to intent crime, the active conversion, and the negative conversion.