Study On Indoor Robbery

The indoor robbery, is a kind of hazardous nature very big serious criminal offense which at present sends much. Thus our country 1997 criminal law will receive right of indoor robbery list as the offense of robbery head of eight kind of legal aggravation plot, will highlight robs the criminal offense to the residence the severe attack. Indoor robbery not only has encroached upon citizen's personal rights and the property rights, moreover seriously has also violated citizen's housing peacefully plenary powers, has had the serious influence to society's public security. Although the criminal law robbed by the article form to the residence has carried on the stipulation, but this kind of stipulation is too simple, and practiced the situation also is complex diverse, caused in the judicature of indoor robbery recognizes not unified. This article take the criminal law theory as the pivot, two judicial interpretations which the union Supreme People's Court appears successively indoor robbery the dispute major some problems to conduct the analysis research. First is about the household limits, the key is must grasp the household two substantive characteristics is the function characteristic and the place characteristic, except traditional significance in household, but also has some special form household. Next is with robs the behavior relations to the residence the judgment, robs the behavior to have to receive the residence the goal, the way and so on the limit Is once more the special form which robs to the residence transforms recognizing which the residence robs, mainly from the prerequisite, the goal condition, the method condition and the space and time condition begins to recognize. Finally the accomplice morphological analysis about indoor robbery, the key point is grasps the accomplice to implement has limited to the author legal responsibility influence.