Transformed Robbery And Criminal Pattern Recognition Elements

Since the crime of robbery is the ancient Chinese law to punish the key, becauseit not only infringes upon a citizen’s personal rights and interests and at the same timethe violation of property rights of citizens, all countries in the world, the criminal lawprovides severe punishment on the. With the complex changes in crime in judicialpractice of human behavior as well as people for further study of robbery crime, hastransformed robbery. In China, the transformed robbery is also known as quasirobbery, it is not in our criminal law independent crime, but based on the special formof the crime of robbery is a legal fiction produced. Transformed robbery is differentfrom the general robbery, it is a crime by the behavior to the implementation of theft,fraud, plunder, encroaches upon the citizen property rights based on the specific goaland after implementation of the subsequent violence or coercion, due to two chargesand has two kinds of behavior, whether in criminal law theory or in in judicialpractice, defined for the transformed robbery and the related problems are existing alot of controversy. Therefore, in this paper, according to the law, combined withjudicial cases, the existing criminal law theory about transformed robbery constitutevarious view definition and crime are reviewed, analyzed from the following partsand some superficial views of the author:The first part, overview of transformed robbery. Starting with the legislative overview first from the transformed robbery, comparing the Chinese law about theprovisions of the transformed robbery were summarized and analyzed; secondly, thetransforming crime on the causes and main characteristics of the transforming crime,and on this basis, the transformed robbery are defined.The second part, the constitutive requirements of transformed robbery. In thispart, it described and analyzed the conditions of transformed robbery, establishmentof the subjective condition, subjective condition and objective condition, the authorthinks that the transformed robbery should be based on the acts constitute a crime asthe premise and basis of behavior, should achieve "amount larger"; different subject asthe main condition of crime with the general robbery, which does not include the full14years of age, minors under16years old; the objective conditions of time and space"on the spot" includes not only the perpetrators of theft, fraud, plunder the scene, alsoincludes the behavior of people had left the scene is the owner or others found theprocess of the hunt;The third part, the crime of transformed robbery. Crime on the basis of theanalysis of crime, the attempted form clear basic crime can be transformed into arobbery. By reviewing the criminal law theory about the crime of transformed robberyform various disputes, also exist unfinished forms a clear standard to distinguish thetransformed robbery, and establish the transformed robbery accomplished offense andunaccomplished, whether to conduct obtaining property or cause the victim slightlyabove results as the standard.