| Robbery crime is a serious violent crime,and it violates people's dual legal interests proprietary right and personal right.Transformed robbery is a kind of legal fiction about ordinary robbery in criminal law theory in China,and the crime is composed by two parts including beforehand acts of theft,fraud and rob and successive acts of violence or threatened acts with violence.It is similar to ordinary robbery in criminal behavior and social harmfulness.It is regulated in Article 269 of China Criminal Law that transformed robbery shall be convicted and punished by robbery.The field of criminal law theory and legal practice have very big controversial to the constitutive requirements,criminal forms and recognition of common crime of transformed robbery.This paper makes discussion to problems of this crime existed in legal practice through conclusive and comparative method,connecting theory with reality,and combining relevant cases wishing that the researching conclusion can provide some help for solving similar cases accurately and fairly.The basic frame and main contents of the paper are as following:Part One demonstrates the brief introduction of transformed robbery,and it studies legislative regulations about transformed robbery at home and abroad,which lays foundation for the study in the paper.Part Two discusses the constitutive requirements of transformed robbery,and it mainly researches whether it is necessary to reach criminal standard as to antecedent theft,fraud and rob,whether person of relative capacity for criminal responsibility can become subjects of crime,time and space condition of "on site" and the degree confirmation of "violence or violent threats".Part Three studies whether transformed robbery has uncommitted criminal form and accomplished offense and uncommitted judgment standards.Part Four analyzes the affirmative problem of common crime in transformed robbery that just implement acts such as antecedent theft or just participate in successive violence. |
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