Research On Several Problems About The Robbery In The Home

Robbery is victim of violating legal interests of the crime is one of the serious, throughout the history of national law, we will clearly find the robbery is not is crime gradually derived, the such as the crime of intentional homicide together become "representative" in the field of crime. As one of the aggravating circumstances of the "home robbery" behavior, the impact on social harmony and stability of the life of citizens is immeasurable. With the rapid development of human society, the study of "home robbery" should also keep pace with the times, in order to meet the needs of the current criminal strike and the protection of human rights. This paper attempts to research on issues related to burglary, in order to correct the aggravated punishment.This paper is divided into five parts, about 55000 words, the main contents are as follows:The first part is the "household" robbery "households" to carry on the qualitative analysis. This part of the first from the "family" of the literal meaning of its understanding, and then review the current many scholars on the criminal law "households" understanding, and its one one comments after the author of his own views. Then summed up the "family" should have three characteristics, namely: closed, exclusive and family life. Then on this basis, on judicial practice in life some qualitative is difficult or exist dispute whether it belongs to "family" category to carry on the careful analysis, under the premise of the current all kinds of viewpoints of academic circles, the author of this paper their views, including temporary set up tents, student hostels, hotels, households in the household, commercial and residential dual-purpose places.The second part is the study of robbery infringed the legal interests of households. This part from the robbery crime basic crime infringe the legal interests of the hands, focuses on the analysis of the criminal violations of dual benefit of primary and secondary, and on this basis, explore as aggregated consequential offense of home robbery infringes upon the legal interests and basic crime correlation between the infringement of legal interests, analyzes the basic crime and aggravated both of legal interests infringement whether difference exists, and then more in-depth of indoor robbery and basic crime infringement of the specific content and scope of the legal interest for comparison.The third part is the research on the objective elements of burglary. This part first discusses the "home" and "the relationship between robbery", some scholars believe that the combination of crime and implicated negative views, and their views of the writer. Then we discuss the robbery of behavior whether the object is specific, namely object at this time whether they are living in indoor people can. For this, the author think that should be the object behavior range to be limited. At the end of this part, the author of the burglary behavior means and the "Burglary" in the "on the spot" how to understand the in-depth analysis.The fourth part is the research on the subjective elements of burglary. This behavior to the "home" of purpose and behavior of "family" of the understanding of the two controversial issues, collate and summarize the current criminal law in the field of all kinds of views, and detailed analysis, and then elaborates the author's own views.The fifth part is the research on the judicial application of transformed robbery of housebreaking. This part mainly discusses the advance behavior, transformed robbery objective elements and the subjective conditions of the transformed crime.