A Research On Attempted And Accomplished Transformed Robbery

About the criminal pattern of attempted and accomplished transformed robbery,not only in the Chinese criminal law theorists but also in the jduicatory practice,allis a long-standing dispute question. To analysis and research on the problems of attempted and accomplished transformed robbery,this article take Li and Liang’s transformation robbery as an example.The full article is divided into four parts:The first part which called the basic situation of the case, is this part of the problem raised, mainly including the cause of action, the introduction of the case, differences of opinion and the focus of controversy.Especially through a case about attempted transformed robbery,draws out this article’s research topic.The second part involving the legal analysis of related issues, is the theoretical basis of the paper.Mainly includes the following two parts: first, whether there is a cirminal attempted refers to the transformed robbery; second, the yardstick of attempeted and accomplished transformed robbery.For the transformed robbery whether existing attempted form,there are two academic opinions: Positive Theory and Negative Theory.As to differentiate accomplished crime and attempted crime of transformed robbery,scholars mainly depend on following standards:the previous behavior of accomplished and attempted crime form, finally getting the property or not,using of violence or threatended by violence or not,realizing specific purposes of the transformation or not,accomplished and attempted standard of ordinary robbery and so on.This article briefly reviews the above theoretical perspectives,and puts forward that transformed robbery has attempted crime,which is according to the provision on attempted crime among general provisions of criminal law,correcting constitution of crime,the principle of legally prescribed punishment and the principle of suiting responsibility and punishment to crime. According to the cirme constitution of transformed robbery,this article also puts forward the distinguish standard between attempted accomplished transformed robbery.The third part which is the analysis and conclusion of the case,is the empirical analysis part of this article.Mainly includes the following two parts:first,Li and Liang’s behaviors constitute transformed robbery;second,Li and Liang’s behaviors constitute accomplished transformed robbery.The first part is manily based on the crime constitution of transformed robbery and the basic theory of joint crime,which concluds that Li and Liang both constitute transformative robbery.The second part is based on the previous theoretical part, due to Li’s violence not causing the victim slight injury, and previous fraud having obtained the property, so their behavior constitute accomplished transformative robbery.The fourth part which is referred to as the research’s enlightenment of the case, is the highly creative part of this article.Mainly includes the following two parts: first, it can be the case as a typical one to give guidance to other similar cases, which also can pursue to achieve application of law in unified standards;second, judicial interpretation should be introduced accordingly. Because identifying attempted crime and accomplished crime of transformed robbery are not unified both in judicial practice and criminal law theory, and typical case guidances have limitations.The last section provides that should promulgate the corresponding judicial interpretations, and clearly point out the content of the relevant judicial interpretations,which is combining the basic theory part.