Studies On Housebreaking

Robbery is a kind of serious and high rate of exposed case. After the modify of the Criminal Law Of P.R.C, there are many disputes about 8 kinds of statutory aggravate circumstances, especially the "robbery of housebreaking". The Criminal Law of P.R.C stipulated that the legal circumstances includes the circumstances of crime and the sentencing discretion, whether as the circumstances of crime or sentencing discretion, there are some barriers in the theory and practice of the "robbery of housebreaking", because the Criminal Law of our country has no specific rules about the aggravate crime or the aggravate circumstance . According to the principle of "the Synthetic Distribution of Punishment", the author poses the concept of "the circumstance of Distribution of Punishment ", and taking the error making method, compares the "robbery of housebreaking" with there circumstances: the criminate, the sentencing, and the Distribution of Punishment, it is conclude that the "robbery of housebreaking" should not be regarded as the circumstances of crime or the sentencing discretion, even though there are some barriers in the theory conclusions as a circumstance of Distribution of Punishment, so we can conclude that the "robbery of housebreaking" can not be considered as the legal circumstances, it must be the circumstance of Distribution of Punishment even if it is regarded as the legal circumstances. In the process of jurist and legislation, we must strictly grasp the approval standards of the "house", recognize and deploy the legal sentence of "robbery of housebreaking" correctly,avoid the losing of the balance between crime and punishment . Further more, the author offers some consulting program to solve the problems in the specific cases and the practice of trailing.