Research On The Regulation Of Transforming Crime In Chinese Criminal Law

The concept of Transforming Crime was concluded by the scholars of our country according to our country’s legislation, in the last century80s. Since the concept of Transforming Crime was put forward, about the legislation value, the basic connotation,the converted crime conditions and related legislations of rationality,Scholars show a lot interested in that.Although many scholars do a lot of research on the theory of Transforming Crime, but unfortunately, scholars have not formed a unified understanding of the problem, there is a big difference in many related problems.So far, there is not a complete theoretical system of transforming crime.The transformed crime is a kind of special crime, there are objective and realistic foundation of its existence, namely our country existing crime theory system is not reasonable to solve the realistic problem of all.Because of the disunity of he theory of translation crime, it will inevitably lead to not know what course to take, thus reducing the crime transformation theory. So I chose this topic, tries to draw on the basis of the study before, put forward my own views.This paper is divided into three parts:Part one:Through the analysis of the definition of the transforming crime which approved by scholars, I think the concept of transforming crime should include three factors:transformation prerequisite, transformation conditions, punishment premise, so that the definition of the concept of crime should be this:Transformed crime refers to the behavior of people in the implementation of a lesser crime (Crime of dangerous act in basic), or cause the basic crime illegal state continuous process, due to the legal situation, namely the specific behavior (Methods) or the nature of crime, the basic change, transform into another felony. Then, according to the provisions of the convicted and punished or heavier punishment of crime by law.Combined with the difference between transforming crime and other crime shape summarized the features of translation crime has four points:the heterogeneity of the transforming crime; statutory crime transformation; the transformation violates the more severe; the only conviction.In addition to the converted crime according to different standards of classification, in order to more in-depth understanding of the transforming crime.Part two:Detailed analysis of the transformation violates tenable condition.The author thinks that the transformation violates tenable condition includes two aspects: the prerequisite and essential condition.The prerequisites include three points:The basic crime of Transforming Crime can not be illegal activities;The basic crime and the transformation of the offence form of crime must be intentional; the stop form of basic crime can only be attempted or accomplished.But the real conditions including two:the element of basic crime and the transformed crime must have Coincidence;Legal conversion factors.Only the premise conditions and substantive conditions satisfied at the same time, transformed crime can only be established.Part three:Through the analysis of transforming crime theory of the two part, to clarify China’s criminal law provisions in those belonging to the transforming crime, those provisions are not transformed crime.And according to the purpose and meaning of transforming crime theory, the controversial provisions one one detailed analysis, put forward the unreasonable place and related suggestions.At the same time, the problems with the theory of translation crime related analysis, such as the transformation violates the form of common crime and the transformed crime subject etc.