Research On Breaking Into Home In Criminal Law

Amendment (VIII) to the Criminal Law of the People’s Republic of Chinaformally add burglary into the Criminal Law, which makes crime of breaking intohome composed of home robbery and burglary. Because of many issues in real life,the crime of breaking into home has been illustrated by judicial interpretations thesupreme judicial departments for many times, but there still are arguments about thedefinition and boundary of “breaking into home”. Hence,to narrow down theargument scope until it vanishes, it is necessary to research more deeply on crime ofbreaking into home.Before analyzing the characteristics and affirmation of the crime of breaking intohome, it is important to clarify the meaning of related concepts. Because burglary andhome robbery each has its crime constitution and legal interest, there’s nocombination of larceny or robbery and illegally intruding into others’ residences in thecrime of breaking into home. Essentially, crime is legal interest infringement. Whenanalyzing a crime, it is necessary to comprehend the content of legal interest toprotect, under which circumstance we can affirm the crime and protect socialistproperty owned by the whole people, socialist property collectively owned by theworking people and the citizens’ privately owned lawful property. In addition toinfringing people’s property rights and personal rights, the crime of breaking intohome violates people’s living peace and privacy and breaks social order. So it makesense to punish the criminals with increased sentences, in order to punish and preventcrimes. When affirming the crime of breaking into home, not only should we focus on‘home’, where the crime is committed, but also we should pay equal attention to theway and purpose to break into home. Both the way break into home and the meaningof home should be analyzed in judicial practice, so that the judges can develop anintegrated way of thinking. Based on judicial interpretations and deep analysis,“home” in Criminal Law have four characteristics: for daily life, persistent, closed,private. When a place has these four characteristics above in the same time, it is “home” in Criminal Law. At present controversial places include dormitory,commercial&residential, sharing apartment, stairs, corridor, elevator, parking lot,hotel room, fishing boat, recreational vehicle, simple construction and homes for saleor rent. The specificity of transformative indoor robbery makes it unavoidable todiscuss. Supreme Peoples Court stipulates the transformative indoor robbery in bothof the judicial interpretations to uniform the application of law. By analyzing thedifference between the old judicial interpretation and the new one, the purpose ofusing violence is limited to concealing booty, resisting arrest or destroying criminalevidence while using violence, or threating to use violence to continue obtainingproperty should be directly affirmed as home robbery for the general objective ofhome robbery. Meanwhile, force and coercion must happen in home, which excludesthe extension of crime scene. Because of the high social danger of burglary, theadvance behavior of transformative indoor robbery includes only burglary, exclusiveof home fraud and home seizure, which is legitimate, reasonable and in accordancewith the judicial interpretation.As two types of crime of breaking into home expressly stipulated in CriminalLaw, burglary and home robbery should be put into the same research horizon toanalyze the essential characteristics of the crime of breaking into home, which can bea beneficial guidance for judicial practice.