Theory Of Household Robbery Crime Judicial Cognizance

As one of the multiple, violent crime, robbery cases form has complex diverse, its sin theory and almost involves the general parts of criminal law, and thus brings certain difficulties to judicial practice. Among them, the "household robbery" as a compound structure of the crime, its performance and standards is more complicated. Although judicial organs "household robbery" has made the relevant judicial interpretations, the relevant content of criminal law educational world to enter a robbery have more research, but interpretation is difficult to include all content, academic theory did not form a unified view, specific to the judicial practice, keep coming up. Therefore, the author want to borrow this article, from the first the cognizance of "household" and "into" behavior, the "household robbery" unfinished from dispute, the last to translational household robbery three aspects of research, in order to solve the related problems in the judicial practice.Article 263 of the criminal law in our country will enter a robbery as ordinary robbery plot aggravating circumstances, legal punishment for "shall be sentenced to fixed-term imprisonment of not less than 10 years,life imprisonment or death", which determines when we research established household robbery condition is to be a limit to explain. The limitation on the "home" to explain to enter a robbery sentence rationalization, so for the cognizance of "family " has become our current to focus on one of the problems. Door an door way is to distinguish between the purpose of robbery and the crime, this crime and the crime of the key, in the judicial practice, the judicial personnel to the purpose and different understanding will produce different connection way to consequences, so the right way household purposes, and has profound legal significance. Entering a robbery is, on the other hand, the plot, the aggravated consequential offense and whether there is any unfinished form the aggravated consequential offense of the plot in the theoretical circle has always been controversial, but the author thinks that, due to the aggravating a guilty of its crime constitution important document, so should exist crime unfinished form. This is also in the second chapter of this article is to discuss the focus of the content. Finally, from the perspective of the household robbery crime related, this paper discusses our country criminal law educational world about the household robbery is insufficient, and expand the translational enter a grab for the rationality of the former crime. This article is divided into the following three parts:Part I defines the concept of "into door" as well as the subjective and objective factors that make a comprehensive, on this basis elaborated our country criminal law educational world about the "household" debate, clear in this part of the problem. The author thinks that, "household" refers to the citizens, private house, it doesn’t include other places, but when other places possess two basic characteristics of "household", the place also to be able to "home". Household is limited to the purpose of the robbery, enter a way should be limited to the deception,violence or intimidation, and hand these three ways.Part II mainly introduces the existing household robbery of the unfinished of different point of view, from the Angle of the statutory aggravating circumstances unfinished form, clear in this paper, the theoretical foundation. Statutory aggravating the cognizance of the plot is based on the basic crime is the premise, aggravating the plot can’t completely from the basic attributes and exist alone. Therefore the author insisted on the offense aggravating circumstances exist unfinished form, and on this basis of the unfinished form of robbery.Part III mainly for household robbery to relations with related crime. First of all, from the relationship between the household robbery and the crime of illegally invasion of residential, clear household robbery crime is not a simple addition robbery and the crime of illegal invasion of residential and the combination of position. Secondly, according to the existing "explanation", said: after the discovery of a burglary of the use of violence or threat of violence on the spot shall be based on theory of household robbery. The author adhere to the "on the spot " should be qualified in the "in door" and field extension. Finally, the determination of type conversion household robbery cases, the author thinks that, conversion before enter a robbery crime is extended to the household fraud, the rationality of the robbery, as well as to the household analyzes the subjective and objective factors of robbery.