Conversion Robbery Analysis

Basing on the realistic points of the Criminal Law of PRC and drawing lessons from the existing theory achievements,the writer has done further research of some questions on the Crime of Transformed Robbery. Then by a piece of writing for more than 30,000 words,the writer made the discussion separately on the research of the Crime of Transformed Robbery and practice in theory from three parts.The first part,the summary of the Crime of Transformed Robbery. The writer has explained the different definitions of the Crime of Transformed Robbery defined by The Criminal Law Cricle and the its seven main characteristics,and confirmed the definition of the Crime of Transformed Robbery.Furthermore,the writer also affirmed that the Crime of Transformed Robbery includes article 269.the second paragraph of article 267 and the crime of transformed robbery that stipulated by article 289 of the Criminal Law,proving that the regulation of the Crime of Transformed robbery is to be made on the legal principles.The second part,Analysis of several kinds of the Crime of Transformed robbery.Frist,carrying the lethal weapon to grab and turning into the crime of robbing. The writer has expounded separately the definitions of "Lethal weapon"Carrying" Carrying the lethal weapon" and their cognizance. The author combing with the judicial explanations, has classified the lethal weapon, and has proposed the standard of asserting of the lethal weapon. Second, stealing Swinding grabbing and turning into the crime of robbing. Combining the stipulations of the Crime Law and the explanations of the Supreme people's court,the writer has proved whether to reach the Crime degree as for" stealing, swinding, and robbing" of the preconditions at first or not.Secondly,as for the subjective purpose objective behavior and space-time condition of stealing, swinding, grabbing and turning into the crime of robbing that the robbery crime must possess,and has explained the meaning on the spot especially,combining the case to prove. Third, assemble a crowd and break to turn into the crime of robbing. The writer has explained the understanding of the behaviors of "fighting,breaking,and robbing"and the understanding about the special subject of crime,combing case to explain the understanding of "fighting, breaking, grabbing and turning into the crime of robbing" as assembling a crowd.The third part, questions required attendtions about the Criem of Transformed Robbery when cognized by justice. First, as to the knotty problem whether a person reaching the age of 14 but under 16 could become the subject of the Crime of Transformed Robbery, the writer has explained the two kinds of contrary suggestions above-mentioned existing in the present judicial practice and the Supreme People's Court as well as the contradiction of judicial explanations of the two pieces of equal authenticity. The writer has combined the case and analyzed, considering that a person reaching the age of 14 but under 16 can become the subject of the Crime of Transformed Robbery. Also, the writer has made out the deficiency about the current regulations exist in Criminal Low of our country and has put forward and legislated on the perfect suggestion to them. Second, define person who has made Crime of Transformed Robbery accomplished or abortive by comparative analysis on different foundations, putting forward suggestion on this question. Third, the writer has proved the difference between the Crime of Transformed Robbery and the Aggravate Result Robbery Crime at first, secondly has aggravated the plot of punishing and carried on the discussion from the judicial practice while describing the robbery crime in the Crime of Transformed Robbery.four, cognizance of the Complicity Crime of Transformed Robbery. Combining with the case, the writer does a discussion about the two kinds of situation with great disputation in judicial practice.