Study On The "Housebreaking"

Robbery is a kind of high rate of exposed case which severely jeopardized social public interests and personal and property safety. After the modify of the Criminal Law of PRC in 1997,Indoor robbery was stipulated as a statutory aggravated circumstance. However, the simple and abstract laws and regulations have not defined the Indoor robbery. As for the continually new problems of the reality, the legal profession exists a bigger controversy about the understanding and applicability of the relevant regulation in the Criminal Law of PRC. Which threatens to criminal imbalance and harms thejustice of jurisdiction. Withal, the Supreme People's Court also formulated and promulgated two judicial interpretations for the interpretation of some issues of applicable law on the trialing of rob criminal cases (2001) and the opinions on some issues of applicable law in trying criminal cases of robbing and snatching (2005). Thus judicial interpretations may further explain the relative concept of indoor robbery. But there is also dispute about the relevant problems of indoor robbery, how to comprehend the"door"and"into door", and how to distinguish accomplished indoor robbery and abortive indoor robbery in theory circle. This paper tries to analysis these problems through a case.This text is divided into five parts totally.Section 1: Cause of action. Lin Jianbo and others'robbery.Section 2: Details of a case. This section describes the whole course of Lin Jianbo and others robbing the clothing specialty store named"Tai Ji Sheng"in Long Yan.Section 3: Controversy focus and divergent opinions. The focus of the disputes of this case is whether their behavior constitutes the offense of indoor robbery.Section 4: The jurisprudence analysis. In this section, the author firstly analyzes the concept of"door"and"into door", and emphasis on some special forms of door that providing a foundation for the identification of Lin Jianbo's behavior, discussed below. Secondly, The article analyzed and demonstrated whether there exists the issue of unaccomplished offence of indoor robbery.Section 5: Conclusion. In author's opinion, Lin Jianbo et al committed the offense of robbery under which the condemnation was made and punishment meted out.