Theory Of Housebreaking

Robbery is for others to use violence, coercion or other compulsory method takestate-private property of strong rob behavior on the spot. As the infringement of citizens’property rights of first offence, robbery is better than other sexual crimes against propertymore serious social harm, so it is only with the death penalty charges of its kind. Will also bethe composition of robbery in the current criminal law clearly divided into basic form andcompound forming, the latter configuration shall be sentenced to fixed-term imprisonment ofnot less than10years, life imprisonment or death. Enter a robbery is one of eight aggravatedform. Household robbery not only violated the citizen property rights, but also violated theright of citizens’ personal rights and housing security, social harm degree is bigger thanordinary robbery obviously, thus penalty amount shall be higher than that of ordinary robbery,but on the Chinese mainland to the criminal law shall be corresponding to the starting pointfor ten years in prison, often leads to heavy penalties, so in the specific case is decided inordinary robbery also aggravate the robbery on the issue of prosecution and trial, a strictinterpretation the meaning of "family","household" causes, is related to the accurateconviction or relationship to the reasonable sentencing; When the public prosecutorsentencing recommendations and court decisions, household robbery both failed is also mustbe accurate judgment.For this, based on the criminal law basic value, according to the principle of a legallyprescribed punishment, back against the criminal law standard system and reference to therelevant judicial interpretations, from a case of a detailed analysis of structure and form toenter a robbery behavior, the paper mainly discusses the household robbery of the concept of"family","household" behavior nature, and the theoretical circle and judicial circle enter arobbery attempt both issues of mutual interest and robbery of the statutory penalty allocationproblem in preliminary analysis.This article is about15000words, which is divided into four parts。The first part, the basic situation of the case. This part of the Du Mou implementationrobbery has made the detailed introduction, respectively introduces about whether Du Mouconstitute different opinions from the\"household robbery\", summarizes the focus of dispute Case.The second part, the relevant legal analysis of the problem."Family" in criminal law isfor people to live and the place of relative isolation with the outside world. Becausehousehold behavior itself is a dynamic process, accurate judgment household, there isnecessary to analyze the special case of household. In general, if the perpetrators of violenceof profiteering from indoor to outdoor, should be identified as "household robbery".The third part, the case conclusion. Du Mou have part ownership in the house of "publicspace" to rob, and to put the looting that extends to the victim deng a room, the violence bythe "outside" of the "indoor". Should be considered "household robbery". And according tothe related judicial interpretation has its behaviour constituted with robbery.The fourth part, triggered by the case of thinking. This part is the article discusses thetheory extension of subject and the conclusion. Robbery is sex crimes against property, bothin ordinary robbery and household robbery shall be based on whether the victim lost controlof the property of the accomplished and attempted to distinguish between standards. Robberyin our country the legal punishment of common high configuration, should draw lessons fromthe Japanese bandits the legal punishment of sin configuration mode of robbery in China legalpunishment to reset.