转化犯的构成特征新论

转化犯是指行为人在实施足以构成基本罪的危害行为后,由于行为人主观方面的变化,并出现了特定的犯罪情节,而使基本罪的性质转化为另一重罪,而按重罪定罪量刑的犯罪形态。转化犯的构成特征分为客观特征和主观特征。客观特征主要由形式特征、前提、转化条件、法律特征等构成;主观特征主要围绕犯罪故意及犯意转化而展开。

Some New Opinions on the Constitutive Features of Transform Crime

The definition of transform crime is that after a man has done a harmful act that formes a fundamental crime ,because of the change of his intention and the appearance of some special criminal situations,his behavior' s characteristic is changed from the fundamental crime to another more serious crime and he is punished according to the latter crime.The features of transform crime is devided into the subjective one and the objective one.The objective one is formed by the surface feature,the pre req ui -site,the transform tradition,the law feature and so on.While the subjective one is mainly around the intentional crime and the transform of crime in tention.