The Robbery Of Housebreaking

Compared with the common robbery,the robbery of housebreaking as aggravated situation not only violated the human body right and property right of the citizen, but also endangered citizen residence right. If left unchecked, it will cause the social panic. However, the definition of Robbing guilt also is fairly complicated in the administration of justice practice. For as much as this, a deep analysis is extremely necessary.This article is divided into a total of five parts:The First part is about the analyze of the basic theory of breaking house and the definition of " In-House". The writer read about the literature,and got that its identification standards,in accordance with the Interpretation on Several Issues of Specific Application of Laws of hearing robbery,the analysis of different academic point of view,considered to meet for a place to live lives of others at the same timeisolation of these two characteristics can be identified as "families" with the outside world. And practice, there are some special "household" for analysis, such as school dormitories, dormitory is generally not recognized as "family","store-in-one place to distinguish their business hours or place of business zoning to identified, and I believe that should be combined with the "family" identification of the specific case, consider whether the interpretation of the provisions of the two features to be analyzed.The second part is to to analyze the author from the subjective purpose of the behavior that constitutes a "home", the perpetrator to commit robbery with robbery illegal intentionally, if the perpetratorrobbery intentionally to commit robbery, legal entry into the indoor, the behavior constituted only in the household robbery if the perpetrator does not have a home before the robbery, the crime intentionally, but with other crimes deliberately home into as a robbery, this iscriminal intention changes shall constitute the "Burglary".The third part is to analysis of "Burglary" objective behavior, the behavior of the implementation of the location, the behavior of the spot of sex, violence, behavioral consequences and looting objects to explore.On the constitutive elements of "In-House-Robbery", the author has given an insight into the subjective elements and the objective elements. Before implementing a robbery, the actor must has illegal criminal intent subjectively. Without the criminal intent, the behaviors can not be taken as "In-House-Robbery" but a house rubbery. Before entering into the house if the actor has others'criminal intents psychologically other than the intent of robbery, when he or she put the robbery into practice after into the house, this can also be identified as " In-House-Robbery". On other hand, in the process of robbing, the objective elements embraced the location, object, method, the time and degree of the violence's implementation, the ownership of the "house", the amount of the lost belongings and consequences. In a word, the housebreaking has multiple conditions which are indispensable.There are different criminal conditions of the crime of in house robbery. The author mainly puts emphasize on the transformation of "In-House-Robbery" and its joint offense. On this point, the author hold that only a discovered steal can be transformed into the in house robbery. Other's ordinary transformative forms, such as frauds, grab, can not be regarded as in house robbery.Concerning the joint offense in the crime of in house robbery, it will be probed into by the author from different angels according to its degree of complex and whether there was accessory or not before the fact.