Legal Analysis On The Case Of Yang’s Robbery

Burglary in recent years is the high incidence tread. In reality, the burglar who was discovered, often takes risks to transform burglary into the more harmful robbery. The1977Criminal law of PRC sentences the robbery of housebreaking more than ten years imprisonment, life imprisonment or the death penalty, a fine or confiscation of property. In2000the Supreme People’s Court released "The explanation by the Supreme People’s Court on several issues of specific application of laws of robbery" which provides that "It should be recognized as the robbery of housebreaking for the burglar to use violence or threats of violence on the spot when he was discovered " In2005the Supreme People’s Court released "the view of the Supreme People’s Court on applying law to the criminal case of robbery and snatch", which provides that "It should be recognized as the robbery of housebreaking for the burglar to use violence or threat of violence on the spot to harbor stolen goods, resist arrest or destroy criminal evidence, if violence or threat of violence occurred indoors" More than ten years imprisonment is severe penalty. If only because that violence or threat of violence occurs indoors,the behavior is regarded as robbery of housebreaking and the criminal is sentenced to more than ten years imprisonment,the sentence is too severe. It is an important issue in theory and practice about how to correctly identify the robbery of housebreaking and ensure the balance between the crime and the penalty, and to achieve substantive rationality of application of laws.The paper starts with a typical case about the conversion of burglary into robbery of housebreaking, and mainly discusses about transformed robbery-transformed robbery of housebreaking、related burglary and crime of housebreaking from the perspective of offence aggravated by circumstances, try to systematically coordinate laws and their theoretical basis, to solve the case’s controversy of theoretical circles, to help unify the application of law in judicial practice, to provide help to resolve similar cases.