The Study Of The Transformed Robbery

In criminal law theory, transformed robbery is robbery on legal fiction, it belongs to the transformation of the crime of criminal law, it is the same with ordinary robbery in terms of behavior and social harm, but it is transformed by the previous behavior such as theft and therefore it is also unique. These characteristics determine the transformed robbery compared to ordinary robbery, the controversial issues involved are more complex, there are many differences between the crimes identified in the theory and practice of criminal law.The first part is an overview of transformed robbery. The author analyzes the foreign criminal law on Transformed Robbery, by comparing the domestic and international law on the conversion type robbery, proposed transformation robbery identified confusion and difficulties in our judicial practice, and then leads to the four issues discussed in this paper.The second part is to analyze the scope and nature of transformed robbery previous behavior. I believe that neither the first acts of theft requires a relatively large amount, the amount can not be too small, and illegal acts within the scope of the previous. Also pointed out that some of the special nature of the crime of theft of property have, fraud, robbery crime, are also transformed robbery prerequisite, which is consistent with the intention of legislators and legal principle of legality, also in line with the general concept. For the "burglary" in the application of the transformed robbery, the author agree with the view that general nature of the "burglary" should not be used as an aggravating circumstance of the transformed robbery, "particularly serious" and "burglary" should be treated as aggravating circumstances of the crime.The third part is a discussion of the subject transformed robbery criminal age range. Author from equitable principles of law and the effective realization of juvenile delinquency perspective, combined with judicial practice characteristics of juvenile delinquency, consider the relative age of criminal responsibility of the person may become the subject of the sin. General scholars do not agree with this view, so here is one of my papers innovative points.Section IV discusses the crime of attempted form of sin. I believe that there is transformed robbery has attempted form, specifically from the perspective of legal theory and intentional crime fiction angle analysis, combined with the principles of criminal culpability to adapt, that the crime of attempted criminal patterns exist. Attempted form on criteria problem, by analyzing the legal rights and criminal violations constitute transformed robbery, I agree that the criteria for the classification that the perpetrator obtaining property or cause bodily injury after the violence is implemented.The fifth section analyzes the common crime of transformed robbery. The author describes the constituent elements of common crime, noting accomplice identified, should be combined with the objective circumstances of the crime, the perpetrator’s subjective will to carry out a detailed analysis, and on this basis, the issue of this sin is divided into three cases of common crime, with case discussed in detail whether the behavior constitutes a common crime.By discussing these questions I hope to apply transformed robbery in theory and judicial practice, I can put forward their views, and to promote the relevant laws and perfect make some contribution.