Research On "Household Robbery"

The cognizance of "household robbery" is a difficult problem in the judicial practice. This essay tries to explore the interpretation and judicial cognizance towards the "household robbery" with the help of judicial practice and relevant theoretical research achievements.The criminal law makes heavy punishment for the "household robbery" because it reflects the severe subjective evilness of the criminals, it infringes the tripartite objects with great harmful effects, and it causes more social panic.We should master the connotation of "household" from the two essential features, "a place for family living and separating from the outside". The purposes for entering the house should be illegal and with criminal intents, no need to confine in the action of robbery. The violence and threat in the robbery should strictly be limited in the indoors. The objects in the robbery not only refer to the householder, but also the other people indoors. It threats citizens' dwelling safety and should be punished as the "household robbery"All the actions of "household looting", "household bilk", etc. except the burglary, with the conditions of harboring booties, resisting arrest, and destroying evidence with extempore violence or violent threat can be transformed into "household robbery".The criminals with aggravated circumstances also might not accomplish their crime. Acquiring the booties or not should be the standard to divide the consummation of crime and attempted crime for the "household robbery".If some criminals effectively cut the links between their previous actions with the whole cooperative committing crime with the intents of suspending the crime, which is the discontinuation of a crime. And other cooperative criminal without such intents may have different forms of committing a crime, such as, the preparation for committing crime, the consummation of crime and attempted crime.