| "Housebreaking" should be defined as the actor enters into the private domicile or elselike illegally. Robbery by entering house is one of the aggravating circumstances of therobbery in the criminal law of1997,which is setted a higher magnitude of legal punishment-more than a decade in prison, life imprisonment or death. Because the defendant may besubject to harsher penalties, accurately identified t robbery by entering house is of greatsignificance for protecting the legitimate rights and interests of the defendant and maintainingthe authority of the criminal law. However, there are a lot of controversies about houserobbery. Comprehension and Application on the Crime of "Robbing into the Home" is worthytheoretically further research.This easy researches on the case of "Lu Jiangang, Fan Hong Jin, Shao JingqiongHousebreaking robbery "and discusses the" Robbery by entering house "identified in therobbery-related issues.Summarize the relevant case,"the robbery of housebreaking" identifiedin the following problems: First, how to identify the scope of the "house",should we persist inthe form of interpretation or respected real explanation? Secondly whether the purpose ofrobbery in the committing of the robbery of housebreaking. Thirdly how to identifytranslational the robbery of housebreaking, mainly refers to the indoors guilty of theft, fraud,snatch crimes translated to robbery to resist arrest or destroy criminal evidence. Fourthly,whether the robbery of housebreaking has unfinished form, which the theoretical argumentsconcerning aggravate guilty.This essay mainly discussed the above issues and concluded some ideas.、"Housebreaking" should be defined as the actor enters into the private domicile or else likeillegally. The serious circumstances of the aggravated offense of crime of robbery should bestrictly interpreted. As regards the aggravated offence of robbery, this paper mainly discussesthe perception of the offence and its criterion for the criminal completion and inchoation. |
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