Research On The Problem Of Transformed Crime

The theory of transformational offense is summed up by criminal law scholars in China according to the provisions of criminal legislation,and it has its own particularity.The legislative spirit of the conversion criminals is reflected in the ancient Chinese code,and the foreign criminal code is also sporadically involved.However,the criminal form that really urged the theoretical community to pay attention to the transformation of criminals began with the provisions of Article 153 of the Criminal Law of 1979 on transformational robbery.The advancement of legislation promoted the discussion of this concept in the theoretical circle,and the current criminal law is for the conversion of criminals.The regulations have been increased on the basis of the basic preservation of the original text,and the importance of its research has been further highlighted.Various articles and writings have sprung up,and the views are different.The author believes that the conversion offense refers to the behavior of the actor in the execution of intentional crime(basic crime)or in the continuous process of intentional crime,due to other circumstances that meet the requirements of the law(this situation is manifested in aggravating the result of the harm,intervening in new criminal acts,There is a method of aggravating behavior,which causes a qualitative change in the nature of intentional crime,which translates into another crime(transformation crime),while the statutory penalty for another crime is higher,and the criminal form is punishable by punishment or severely punished by law..There is a lot of controversy about the conversion of academics,and the focus of the debate is on the basic issues of conversion and the issue of accomplices.The basic problems of conversion offense include whether the transformation of the conversion offender is based on the establishment of the basic crime;whether the transformation of the conversion offender is based on the basic crimes;whether the transformation of the conversion offender is based on the intentional sinful form;A minor under the age of 16 does not satisfy the constitutional elements of the basic crime,but the problem of how to resolve the criminal responsibility according to the converted crime;the problem of the stage of the transformation.The problem of the accomplice in the conversion is that after the problem of the conversion of one person is solved,the behavior of the person is two or more.At this time,the behavior of the actor is used to cause the crime to be transformed,and the conviction of the behavior of the overall accomplice is punishable.The author solves this one by one to establish the theoretical basis of the conversion offense.For the basic problem of conversion crimes,the author believes that the conversion offender must require the establishment of the basic crime,the illegal behavior can not be transformed;the transformational offense must take the basic crime as the essential element,the basic crime is impossible to transform;the transformation of the offender must be intentional A sinful form is an essential element,and the actor's negligent behavior,that is,the negligence of negligence or overconfidence,cannot make a crime;for a minor under the age of 16,it does not constitute a basic sin but according to the law,it should be In the case of the criminal responsibility of the converted crime,it is necessary to follow the principle that the criminal law supplements the minor and supplements the punishment,and does not consider it under the theoretical framework of the transformational offense,and can directly adapt to the relevant laws.In the stage of the transformation of the conversion of the offense,the author concludes that the conversion offense is mostly at the implementation stage or the stage of the crime.For the problem of accomplice in conversion,the author believes that the conversion offenders should be classified according to different natures.On the basis of classification,the accomplice problem should be treated differently according to the nature of each type of conversion offender.In the conversion offense with the aggravating result as the transformation element,regardless of the actor's negligence or intentional sinful form,as long as the perpetrator implements an act that is sufficient to cause the aggravating result to appear,it should be treated as a accomplice of the conversion offense.A person who only has a fault or a deliberate form of sin and fails to implement an act that is sufficient to cause the aggravating result to appear cannot be arbitrarily converted.However,due to the aggravating behavior,this crime can not be evaluated in a timely manner.This is mainly for the act of carrying a weapon.Because the actors who carry the weapon have the intention to use the weapon,they should be the accomplice of the crime of robbery after the conversion.On the table.In the case of a conversion criminal who commits another intentional transformation,it is necessary to satisfy the condition that all the actors have joint intentions and also implement a common criminal act,which should be regarded as a joint crime of establishing a conversion crime,and a conversion crime for each perpetrator.The accomplice.The criminal form of conversion crime is a concept put forward under the highly abstract summary of scholars.There are many controversies in the theoretical circle,and the transformation of the criminal itself is also of great research value.The author throws bricks and draws jade,and writes this article in order to promote the in-depth study of the theory of transforming criminals in China and better guide practice.