On The Home Robbery

The robbery of housebreaking as aggravated situation is distinct from the common robbery, and The 1997 Criminal Law of PRC sentences it the higher legal penalty. On the lawmaking purpose, the reason of letting the robbery of housebreaking as the aggravated situation as following: the behavior of the robbery of housebreaking not only violated the human body right and property right of the citizen, but also endangered citizen residence right. "Family" is the place where the right and property right of the most basic human body of citizen is settled down, and it is also the place where a citizen to rely for existence and resisting disastrous. If the citizen can't protect own human body and the safety of property in own place, the whole order of society is also all gone. Letting the robbery of housebreaking as aggravated situation is to protect "private benefit".But in the judicial practice of the robbery of housebreaking there are still many differences, which have led to the imbalance in sentencing in individual cases. The author attempts through the case of residence robbing to conduct the deep research, which provides some beneficial help for the criminal legislation and the judicature. This text is totally divided into five parts. The whole text is about 20,000 characters.Part one: "The household" implication has been mainly analyzed. The "the household" has the family life function characteristic and the spatial characteristic which isolates relatively with the outside .The household external form, for example in public place's local region, the resident courtyard, corridor, and the temporary residence and so on must have two kinds of function.Part two: The condition of robbing into the house has been elaborated. Objectively, the house has been invaded by the behavior. Subjectively, he must understand the harm result which is caused by his behavior before the residence. The residence robbing violence or the violence coercion behavior must occur in the indoors, or continues in the indoors, otherwise it does not constitute the robbing into the house. Part three: The transformed burglary is analyzed. Through the case, the author believes that a home robbery theft can be transformed into robbery without independent theft as long as a "house theft" intentional and criminal acts; objective conditions for the transformation of the spot is the use of violence or threat of violence; the result of violence should be serious enough to inhibit others resistance .Part four: The question of criminal attempt .The existence of the uncompleted crime adapts the principle of the responsibility for an offence punishment, on the other hand the aggravated constitution and the criminal attempt are two different stratification questions. It conforms to the basic penology principle that the aggravation constitution can be attempted crime. The attempted crime should take the theory of the result and the general plot as a standard.Part five: The joint robbing offence question has been analyzed. To accuse a person of punishment must differentiate the principal offender and accessory. The basic difference between the principal offender and accessory lies in the role which in the joint offense plays differently.