Transforming Crime Research

Opens our country 97 "Criminal law", in the middle of the criminal law stipulation 413 charges, including several kind of charge regulations the form which transformation violated, middle two high judicial interpretations, also had stipulated the transportation cause troubled the crime, diverts the government money crime, evades taxes the crime, the crime which carried on using the cults organization and so on five kind of charge transformation violates. Along with our country socialist market economy unceasing development, the related economical crime also presents the tendency which increases day by day, but transforms the form which violates to concentrate in encroaches upon the citizen personal rights, infringement property crime and in the middle of the hindrance social management order crime three chapters, infringement property crime also becomes in the real life Chang Fa the charge, its constitution is also complex. Because transforms violates is the misdemeanor to the grave offense transformation, therefore, in recognized whether already constituted when the transformation violated, only then the strict assurance transformation violates the constitution important document, distinguished clearly the foundation crime and the transformed crime boundary, could achieve the safeguard human rights practically the goal. Specially in the common crime, at present the educational world actually has neglected the common crime another kind of special manifestation—In the common crime transformation violates, regarding this, we theoretically lack the enough attention, in the judicial practice, lacks the explicit theory and the legislation. This article author draws up proposes own some viewpoints and the idea regarding this.This article altogether divides into four parts besides the introduction.First part: The transformation violates the definition and characteristic. This part divide into two. First section through to transforms violates the definition dispute the evaluation, induces the transformation to violate should define violates for the transformation, in fact is the crime nature transformation, is refers to the author in has implemented a light intentionally crime (this crime) in the process, because appeared the fact which this crime cannot hold, causes the previous offense crime as has conformed to another kind of crime (transformed crime) the crime tenable condition, According to the legal stipulation, determines guilt the punishment crime shape according to the transformed crime. The second section author summarizes the characteristic which the transformation violates for legal, hastens heavy and the non-uniformity. Thus transforms violates with finally adds the felon, the imagination competes gathers violates and unifies violates has certain difference.Second part: Causes transformed the legal factThis part divides into two. The first section discussion causes transformed the subjective reason, violates the subjective aspect in the transformation, regarding intentionally the crime to intentionally the crime transformation, the educational world and does not have the dispute. But regarding the error crime to the crime transformation, intentionally the crime to the error crime transformation as well as the error crime to the error crime transformation, the educational world actually is intentionally the dispute quite a lot. The author 11 has made the analysis to the above three kind of situations, and thought the transformation violates in the subjective aspect, except includes intentionally the crime to intentionally the crime aspect transformation, but also may have the error crime to intentionally the crime aspect transformation, but cannot have intentionally the crime actually to the error crime transformation as well as the error crime to the error crime transformation. The second section discussion causes transformed the objective reason. Objective aspect reason including time specific and in behavior nature specific. Third part: In the common crime transformation violates the questionThis part altogether divides into four. First section proposed the common crime transformation violates question. Second section violated to the common crime transformation with the common crime in the result adds felon as well as in the common crime has limited violates has made the discrimination. In the third section author's violated to common crime transformation has made the classification, thought in the common crime the transformation violated may divide into a body the common crime transformation to violate with the common common crime transformation violates, the general common crime transformation violates with the special common crime transformation violates as well as the temporary common crime transformation violates with the summary common crime transformation violates. Fourth section author determining guilt and the discretion of punishment which violates to the common crime transformation have carried on the discussion.Fourth part: In the Chinese present criminal law transforms the self-criticism which violatesThis part altogether divides into three. First section first the affirmative transformation violates legislation value. Second section examined the insufficiency which in the present China present criminal law transforms violates a regulation decides. Thought violates in the transformation, between this crime and the transformed crime "the boundary" is not clear about, and transforms violates hastens heavy to have place of the certain contradiction in the discretion of punishment aspect. Third section proposed the transformation violates legislation, judicial suggestion.