On The Identification Of "Household" In Robbery Of Housebreaking

Supreme People’s Court has issued the latest judicial interpretation on January 2016, which defined the mix of two perspectives of functional characteristic and spatial characteristic of “household”. It has important value to the judicial practice and the theory research. But there is still much controversy on the confusion of functional characteristic and spatial characteristic in practice. For the typical commercial and residential dual-purpose houses, how to judge whether it is in business,how to determine the place of business and the living space are clearly isolated are all in dispute. For the non-typical commercial and residential dual-purpose houses, how to identify the nature of the place of providing service, how to identify the nature of the gambling establishment with home property, are also in dispute. In order to clarify the theoretical premise of “household”, I discuss the legal interest of protecting housebreaking. On the basis of reasonable explanation of judicial interpretations, accurately identify “household” of housebreaking from three angles of constitutional interpretation, teleological interpretation and rational explanation.Judicial practice defined the “household” of housebreaking from two perspectives of functional characteristic and spatial characteristic. I refine the functional characteristic and spatial characteristic of “household” by screening and summarizing the controversial cases. Identifying the functional characteristic is mainly decided by the main function and membership. The main function should have three characteristics for family life, which is the objective function of family life, the essence of family life, the function of family life playing. It does not affect the identification of “household” if the members inside don’t have blood or artificial blood relatives. The victim is not limited to the householder. The residence time of third party does not affect the identificat ion of “household”. Identifying the spatial characteristic shall meet the closure and exclusion. Sharing apartments are generally recognized as “household”. For the group renting, the non-cotenant sharer breaks into the public space and private space for the purpose of robbery, the place shall not be regarded as “household”, the cotenant sharer breaks into the public space for the purpose of robbery, the place shall not be regarded as “household”. The cotenant sharer breaks into the private space for the purpose of robbery, the place shall be regarded as “household”. Putting multiple beds in the room and renting each one, the place shall not be regarded as “household”. Students’ dormitory is generally not considered “household”. The dormitory of company is generally not considered “household”, but if it satisfies the functional and the spatial characteristic at the same time, it shall be regarded as “household”.For typical commercial and residential dual-purpose houses, judge whether it is in the business should grasp the nature of transition period. Pay attention to the three key points in the judgment of the business place and living place isolated or not. For the non-typical commercial and residential dual-purpose houses, the premises for providing services shall be deemed to be “household”. The judgment of the gambling establishment with home property shall apply to the latest judicial interpretation of the Supreme People’s Court.