On Transformation Crime

As an important concept of the theoretical category of criminal law in our country,there are many controversies about the transformation offense since its birth.On the controversial issue of the concept of transgression,though some have been said,there are still many problems worthy of further consideration.Especially the transformed robbery,which as the typical transformation offense,makes the problems in the application of theory and practice more specific and micro.As a result,we would start the study from the transformed robbery so that we can make the study of the transformation offense more macroscopic in order to get the study more comprehensive,furthermore,which will make the research of the problems that the transformation offense is facing more targeted and realistic.This article consists of four parts to clarify the basic theories and typical legislations of the transformation offense progressively.The first part is an overview of the transformation offense and transformed robbery.The first section of this part comments the basic concepts of the transformation offense and transformed robbery reliminarily by summarizing the concepts of the transformation offense those has been raised.Then the second section expounds the characteristics of the transformation offense that lay the foundation of the details of the transformation offense those will be discussed next.The second part analyzies the constituent elements of the transformation offense.It’s the focal point in the study of the transformation offense and where the most theoretical disagreements are focus on.The first section of this part introduces the contentions about the nature of the antecedent behavior of the transformation offense those have been came up with.This article claims that the antecedent behavior must be considered a crime by analyzing the essence of the transformation offense and the purpose of legislation,and discusses the circumstances when the antecedent behavior involves special crimes or special object of crime.The second section summarizes the conversion factors by analyzing the legislations of the transformation offense in the current criminal law.The third part discusses the crime patterns of the transformation offense.The crime patterns of the transformation offense are different from other crimes because of the essence of the transformation offense.So,this part will discuss all kinds of the crime patterns of the transformation offense,as well as the definition standard between the accomplished offense and abortive of the transformation offens,which is on the basis of transformed robbery that is debated fiercely.The fourth part is the analysis of the legislation of the transformation offense.This part looks back to the current criminal law,.Firstly,confirming that the legislation of the transformation offense is proposed according to the essence of the transformation offense.Secondly,commenting the typical legislation of the transformation offense detail by detail in terms of the legitimacy,rationality,coordination of penalty and etc;.Finally,based on the above,finding out the flaws of the transformation offense in the legislation,judicature and theory and then coming up with suggestions to expect that the legislation of the transformation offense will be more reasonable and perfect.