On The Home Robbery

Indoor robbery is first stipulated as a statutory aggravated circumstance when the supreme legislature amended the penal code in 1997. Breaking into a dwelling is also the only aggrated circumstance in the new penal code. As there are so many problems theoretically and practically, there are uncessing debates about it ,even though the supreme court has issued two judicial explanatory documents. This situation lead to imbalance and inconstancy in reality. In order to unify the practice about this, I ,as a basic cadre who has long been engaged in the enforcement of penal law believe:" we should begin with theories to solve problems encountered in practice, and testify problems met in theories in practice ".This article include elementary theories of indoor robbery, the judicial determination of indoor robbery, statutory penalties of indoor robbery, trying to take the determination of indoor robbery in the penal code as a basis, the explanatory documents as reference, beginning with theories such as aggravated component crimes in penal law. In the part of the elementary theory of indoor robbery, the author hold that breaking into someone else's dwellings is not only a aggrated circumstance in robbery crime, after it is intergrated into robbery and get the name of indoor robbery, the legislation endows it with a comparative dependent connotation. The accusation of indoor robbery shall possess component condition of aggrated condition of subjective intention and objective actions of breaking into someone else's dwellings besides component conditions of foundamentary crime of robbery. This characteristic decides the determination of all circumstances, I shall say that robbery can be stated as "to rob in someone else's dwelling after breaking into with the intent of robbery or other invasion".In the second part of this article, I put much emphasis on such problems as the determination of "dwelling ",the unfinished state of indoor robbery, joint crime of indoor robbery and transformed indoor robbery,which are the difficult problems encountered frequently. I didn't restrict my scope of research only in judicial explanatory documents , I integrate such problems into my daily practice of penal law enforcement and put up my views to solve the problems after analyzing and evaluating all kinds of debates about them. In the third part of this article, I question the statutory penalty of indoor robbery------over 10years of imprisonment, which is stipulated by the penal code. I believe that the starting point of the penalty of indoor robbery is too high, and cross aggrated mode should be adopted,after analyzing the modes of deciding the penalties of all crimes in our country's penal code..At last, according to the discussion above ,I put forward the legislative suggestions about indoor robbery ,stating indoor robbery as "to rob after breaking into someone else's dwelling",and holding that people who offend indoor robbery should be sentenced to over seven years of imprisonment,etc.