The Robbery In House

The concept of Robbery in House is proposed by domestic scholars,which in their opinion is different from the Robbery of Housebreaking.Detailed,it could fall into two categories:the Robbery in House of unlawful entry-mode or lawful entry-mo-de.Its objective characteristics are manifested as:the criminal object is multifarious and simultaneous;violence against victims is diversified;the locus of enforcement is elusive.Its subjective characteristics are presented as:subjective intent is sectional;the time that crime's produced is fixed;the intention of robbery is situational?paroxysmal and arbitrary. According to the legislative original meaning,it does not exclude the Robbery in House out of Robbery of Housebreaking's category.It's the Judicial Interpr-etation that puts the Robbery in House into common robbery' limit and apply to its criminal punishments in the specific application.It also makes the controversy of“should we distinguish the‘Robbery in House' and the‘Robbery of Housebreaking'”becomes much more intensified.There exists two viewpoints in the academic circle:the Dichotomy and the Unification.For these two situation,they have common in demarcation of “in the door”,legal interest,criminal objects and violent objects;also have differences in classification?purposes for entering the house and the way of ente-ring the house.After carrying on the contrast of their similarities and differences,we can know that there's no fundamental distinctions.In judicial practice,the Dichotomy makes increasing difficulty in proof,establishing standard of judging degree of harmfu-lness,the heavy investment of judicature resources cannot keep up with the speed of the emergence of the problem.Under these conditions,it difficult to realize the modest restraining of criminal law.Therefore,we'd better to make Robbery in House into the scope of Rrobbery of Housebreaking.