Offence Of Transformational Robbery

The offence of robbery has been beat by most of nations for its severe damages to citizens'healthy right and personal right. The offence of transformational robbery has been a controversial and special modality of the offence of robbery for not only taking place frequently but also huge harmfulness of society. Therefore, it is necessary to make researches with respect to the offence of robbery in a theoretical and practical way.This thesis aims to analyze the offence of robbery through transformational qualification,constitutive element,criminal pattern and measurement of punishment, and the author's personal point of view will also be given.The first part referring to analyze transformational qualification, will analyze whether it is necessary of the pre-action has come up to the standard of "large account",age of criminal responsibility and definition of pre-action. The offence of transformational robbery is be made up of two optional conditions, one is that the action of theft,fraud,forceful taking has reach the standard of "large account", the other is that the degree of force taking has come up to a certain extend. People from 14 to 16 are not likely to be the right body for the offence of transformational robbery due to the fact that the justice commentates has given a clear attitude. The action of theft,fraud,forceful taking referring to the offence of transformational robbery is a narrow sense in accusal instead of a broad sense in measure and action.Secondly, it will illustrate constitutive requirements, including subjective motive,violence factor and definition of "on the nail". Subjective element, here, points to the violence motive, including resisting arrested,harbouring booty and destroying evidence, but not referring to subjective element of constitutive requirements. The offence of robbery is committed through a certain degree of violence. It is necessary to make a consideration of the balance between the suspects and victims basing on the specific cases. The definition of "on the nail" mainly refers to the places on which the action of theft,fraud,forceful taking place.By discussing the undone-pattern and joint offence, the third part will give a deep research in related to criminal pattern. As far as the undone-pattern is concerned, this thesis points out that three kind of pre-action merely appears at the undone-pattern, while preparation and abeyance period on the contrary. With regard to joint offence, this thesis will do researches basing on plan beforehand,assistance under knowing and over-operating, so as to bring up the theory of reason auto-transformation and abeyance transformation.In the end, as long as the issue of measurement of punishment is concerned, this thesis will primarily concentrate on the measurement of punishment difference between the offence transformational robbery and offence of robbery, and the possibilities of the offence transformational robbery applying legally-prescribed punishment under offence of robbery. With respect to the same account and the violence degree, the author reckons that, comparing the offence of robbery, the measurement of punishment under the offence transformational robbery is likely to lessen, which is decided by the property of the offence of robbery itself. In relate to the possibilities of the offence transformational robbery applying legally-prescribed punishment under offence of robbery, this thesis prefers that it should increase the weight of punishment on the condition that "room-theft being transformational to offence of robbery","bobbing massive account","causing injured or death by robbery"; Meanwhile, it also points out that over weight punishment ought not to be applied under the offence transformational robbery in case of "rob on public vehicle","rob banks or financial institutions","rob military,emergent materials and alms".