论转化犯的重构

On the Reconstruction of Transformed Crime

本文有别于传统的研究思路,将存在于刑事立法当中的转化犯称为法定转化犯,对其成立特征进行论述并对其在刑法中的立法例进行归纳;将存在于司法实务中的转化犯称为事实转化犯,并认为其只有故意犯向故意犯转化和过失犯向故意犯转化两种类型。

Unlike traditional research ideas, this article calls the Transformed crime in criminal law as Legal Transformed crime, and its characteristics are discussed and its legislation was summarized; this article calls the Transformed crime in the judicial practice as Factual Transformed crime, and there are only two types, the calculated crime to calculated crime and the Criminal negligence to calculated crime.