Abstract

The concept of the transformed crime，which belongs to Chinese criminal law uniquely，expresses the features of crime transformation vividly and effectively，and has been widely accepted by the theory and practice of criminal law. Theorists and judges have been doing researches on the transformed crime，but there is still room for further study deeply and systematically. The thesis consists of six chapters.

Chapter 1 is about ontology of the transformed crime. Section 1 is about the philosophical foundations of the transformed crime. The philosophical foundations of the transformed crime are change，justice，modesty and restrain，and convenience. Section 2 is about the comparative research of the transformed crime. There are legislations related with the transformed crime in Continental criminal law and Anglo-American criminal law，and concepts as the developed crime. Section 3 is about the concept of the transformed crime. By historical overview on the concept of the transformed crime since 1979 Criminal Law，this section summarizes the disputed points，compares the transformed crime with the factual crime transformation，the quasi crime，legal fiction，and the suggestive regulation，and put forward the author’s definition. There are six articles in 1997 Criminal Law，that is，Clause 2 of Article 238，Article 247，Article 248，Article 269，Clause 2 of Article 292，Clause 2 of Article 333，which belong to the transformed crime. Section 4 is about four characteristics of the transformed crime，including legality，heterogeneity，relevance，and unilaterality. Section 5 is about the classifications of the transformed crime. The author think that there are two kinds of sorts，the transformed crime by act，the transformed crime by result，the transformed crime by act and result，and the transformed crime by common subject，the transformed crime by special subject.

Chapter 2 is about the constitution of the transformed crime. Section 1 is about the precondition of the transformed crime. For the initial crime，its mens rea must be intention，its actus reus must be the act satisfied constitutive elements，which is not necessarily the criminal act，and “theft，fraud，and seize” mean class acts of property infringement. Section 2 is about the essential condition of the transformed crime. On the objective side，objectivism is the background of the transformed crime，and the transformed crime is equivalent to the general crime in regard to constitutive requirement. On the subjective side，under the principle of correspondence between subjectivity and objectivity，there must be “anticipated possibility”. Section 3 is about the subject condition of the transformed crime. If the initial crime is status crime，the subject of the transformed crime is special subject；otherwise，the subject can be under-age child with relative ability to criminal responsibility. Section 4 is about time condition and space condition of the transformed crime. Transformation happens at the meantime of the pre-act or soon after the pre-act or the period of illegal state made by the pre-act. That is to say，transformation before the event is impossible，but transformation during the event or after the event is possible. Besides，transformation happens at the right place of the pre-act or its reasonable extension. In the crime of transformed robbery，taking “on the spot” means not only the right place for theft，fraud and seizure，but also the place for ceaseless capture.

Chapter 3 is about the pattern of the transformed crime. Section 1 is about the quantity of crime of the transformed crime. On the ground of act，the transformed crime belongs to statutory one crime，which may be essence of crime or essence of several crimes，according to the full evaluation principle and the dual valuation prohibition principle. There are similarities and disparities even concurrences between the transformed crime and the aggregated consequential crime，the crime with aggregated circumstances，the implicated crime，the imaginative joinder crime，the absorbable crime，and etc. Furthermore，analyze some disputed articles and figure out their quantity attribute. Section 2 is about the stop form. The transformed crime by result and the transformed crime by act and result have no stop form. The transformed crime by act has stop form. For the transformed crime by act，the pre-act has no crime preparation and crime abandonment；the transformed crime by act has no crime preparation，but has crime abandonment during execution，and attempt；for the transformed crime by act，the attempt of the pre-act and the stop form are complicated related.

Chapter 4 is about the complicity of the transformed crime. Section 1 is about the basic proposition of the joint crime of the transformed crime. Both the traits of the transformed crime and the joint crime must be considered. The transformed crime and the crime exceeds the limit have crossing relations. The forms of the joint crime are the main basis of the analysis of complicity of the transformed crime. Section 2 is about figuring out the scope of the transformed crime on the basis of the division of the work. The organizer of the initial act transforms if there is anticipated possibility. The perpetrator of the initial act transforms in accordance with knowledge principally. The accessory of the initial act transforms or not depends on the aiding intention and action. The accessory in the transformed crime by result generally doesn’t transform. The accessory in the transformed crime by act transforms when the aiding intention changes and finishing the act. The accessory in the transformed crime by act and result transforms when the aiding intention changes，finishing the act，and making the special result. The instigator of the initial act transforms or not depends on the content of the instigation. Section 3 is about figuring out the scope of the transformed crime on the basis of the formation of the joint crime. For the discretional joint offence，successive accomplice perpetrator and successive accomplice accessory can be the transformed criminal，and the scope of criminal responsibility is concretely analyzed. For the indispensible joint offence，the principal leader transforms or not because of the serious injury or death of other staff made by own staff needs concretely analyze；and generally doesn’t transform because of the serious injury or death of own staff；devoted participants are not always transform. Section 4 is about figuring out the scope of the transformed crime on the basis of the superposition of joint offence relation. One of the status constitutes the transformed crime is enough.

Chapter 5 is about the application of the transformed crime. Section 1 is about some issues of the application of the transformed crime in the general part，including the punishment of the transformed crime，surrender，self-defense，jurisdiction，limitation of prosecution，changing the name of crime，handling unadjudicated crime，sentencing elements. Section 2 is about some issues of the application of the transformed crime in the specific part，including “causing serious injury，death” has normative effects. Some common debated issues about the transformed crime of robbery，affray，and unlawful detention are researched.

Chapter 6 is about improvements of the transformed crime. Section 1 is about modifications of some transformed crimes. “causing disability” must be revised as “serious injury”，“causing death” composes the crime of intentional homicide and the crime of intentional injury. The transformed crime of illegal organizing sell blood，and being forced to sell blood must be modified，as the same as the transformed crime of robbery. Section 2 is about the setting of some transformed crimes，including the crime of missappropriating public funds，the crime of missappropriation of funds，the crime of resisting taxes，the crime of picking quarrels and provoking troubles，the crime of endangering public affairs.

Keywords：The Transformed Crime；Causing Serious Injury or Death；Judicial Application；Perfection of Legislation