A Case Analysis Of The Indoor Robbery Committed By Wei Liang And His Companions

Due to its characteristics that both personal rights and property rights are infringement, the nature and degree of social harm is very serious, So it has always attract the criminal legislation and criminal justice attention. Transformed robbery is a special kind of robbery and a legal fiction in the particular case of a behavior that can be defined as the crime of robbery of a crime, and the criminal law provisions about it quite simple and general, the relevant judicial explanation cannot express all meanings, specific to this crime of transformative indoor robbery, there are a lot of ambiguities, so there are many disputes resulted in criminal law theory and the judicial practices. These problems will bring great difficulties to the judicial practices.The paper analyzes disputes on cases with our current laws and regulations as well as scholars viewpoints, introducing a case and the trial of this case, author hopes that indoor robbery and similar criminals can be improved in legislation and judicial practices.This paper is divided into three parts. The first part is further summarized the focus of controversy in the case through the case of the indoor robbery committed by Wei Liang and his companions, whether behavior who steals in residential and commercial house using violence can be translated into a crime as indoor robbery or not, if residential and commercial space should be considered as indoor, unsuccessful burglary actor attempted to use violence or threats behavior whether it can be translated " indoor robbery", how to determine the behavior which the defendant caused the death of the victim; The second part discusses how to definite previous act of transformative indoor robbery, how to understand the word " On the spot" and how to carry out judicial about limit behavior in transformative indoor robbery definition, these problems cause many disputes in the judicial practices; The third part refers current academic mainstream viewpoints and the latest laws and regulations in order to definite indoor robbery behavior accurately, protect the legitimate rights and interests of citizens in complex cases and maintain the fairness, justice of the legal.