The Identified And Legislation Reconstruction Of Transformed Robbery

Transformed robbery is a special kind of robbery,which is a fiction because of its controversy. This article reads as two thousand words, it carries out a progressive study on transformational robbery by drawing on existing research results and included two parts of the judiciary determination and the legislature reconstruction. Judicial determination part is the key, and the basic framework and main contents are as follows:The first part is to brief overview the transformed robbery. By analyzing its legislative status to find out the legislative basis, this paper considers that the high degree of the similarity of this kind of crime and the crime of pillage at the level of criminal character is the basis of its legal fiction, thus laying the foundation for following studying of its constitution of crime.The second part discusses the composition and identification of Transformed Robbery, which is the focus of this article discussed. This paper conducts a scientific study on the constitution and recognition of transformational robbery from four aspects of the preceding crime, on the spot, trespass and main body, analyzing of existing disputes and discussing personal opinion. The preceding crime of transformational robbery is defined as these kinds of crimes of larceny, fraud and pillage. The spatial-temporal condition is defined as the crime scene of preparing for the implementation and after the behavior, including the scene which is extended during the continuous process of pursuing and attacking, and the violent behavior implemented on the spot is defined as the behavior in order to make the other side cannot fight or dare not fight, or can be implemented immediately with regard to the violent threat of personal safety; the trespass is defined as protecting the spoils, resisting arrest, destroying evidences; the main crime is defined as 14 years of age, which have criminal responsibility.The third part is the study of difficult problems in judicial practice. This section discusses the following two questions: aggravating circumstances in transformed Robbery and the accomplishment of crime and criminal attempt of transformational robbery. The first question carries out a systematic study on the evidences and methods which can be applied to aggravating circumstances, as well as conducting an analysis on the disputes related to judicial practices,,which Is the difficulty of this article. The second problem is that the rational sentencing of transformational robbery is based on the issue of the accomplishment of crime and criminal attempt, which is the focus of this article.The section of legislation is the main innovation of this paper, which is the above summary and sublimation, the main research content is as follows:The first step is to summary the proposed changes have been mentioned in the previous article, In terms of the issues in the legislations related to transformational robbery, combined with the practice, this paper proposes suggestions for its amendments according to the shortcomings. Secondly, adjust the range of the sentencing of the crime of robbery based on the principle of the unification of crime, criminal responsibility and criminal penalty, restructuring its sentencing structure, so as to present the reconstruction plan of legislation in the form of complete law. Finally, this paper explain the legislative terms that cannot be briefly described in the form of legislation, it hopes to provide judicial practice with help.