An Empiricial Study On The "Household-entering" Of The Household Robbery

There are eight kinds of heavy-duty of crime of pillage in the criminal law,the first one is household robbery.There appears a lot of controversial issues during the application process.The Supreme Court has issued a judicial interpretation to define and clarify the disputes,but the problem continues to emerge with the development of society.It's worthy to study whether such as the dormitory,hotel,makeshift sheds and other similar places can be identified as households in certain circumstances while be satisfied with the features of household.At present,the definition of the household is still relatively narrow,There some scholars think it should be limited interpretation to make the sentencing reasonable,It may be conducive to limit the household.But the regulations of the extension of household is relatively broad.On the one hand,it reflects the higher level of legislation.On the other hand,it more embodies the comprehensive protection of legal interest and attention,but also reflects the purpose of criminal law——legal interest protection.The household robbery is a common crime in real life,with a very large personal and property risk.The common robbery violates the personal and property of the victims,the household robbery also violates the right of citizens housing security,it includes the right of privacy,the peaceful right and the right of trust and so on.Heavy responsibility means heavy penalty,the harm is greater than the general robbery,so severe punishment is necessary.Just so,heavy punishment should be taken seriously.In most cases,one case is just on behalf of its own characteristics,it can inot reflect all the relationships between the household robbery and house entering.The research conclusions are more universal,regularity with the sampling survey method and case study.The using of large sample study can more reflect the universality of the problem.The conclusion is not necessarily scientific with the using of large sample study,but the scientific conclusions often benefit from a large sample of research,because the truth is often hidden behind a large number of events.The household identification is the first problem about the household to solve,as well the key to identify the household robbery accurately.The type of household is various combined with China's vast territory and ethnic diversity,the households present a more diverse.The academic circle can not reach a unified definition about household,because of the scholars stick to their own argument.In summary,the point of the argument is due to the understand of household incomprehensive.Whether to limit or expand the extension of the identification of household,whether there is a limit of the length of term,are the significance of this paper study.Whether if it's household robbery to rob the place except to the typical private residence,is the purpose of this paper study.These forms of residence also contain the difference between the family,the room,the house.To understand the meaning of household need to make clear the contact and distinction of the household and room,household and residence.The room is more with the public,it conveys more functions,such as for office,business,entertainment,it's a more open concept.But the extension of the household is greater than the room,it contains the room,the room can be understood as part of the household.To rob the room means not the household robbery,though the household contains the room.The man who robbed the rooms like the office,the game room,mahjong room,supermarkets and other places like this does not constitute a burglary,can only be identified as robbery,it indicates that the characteristics of the household is not obvious.Criminal law regulates" household robbery" instead of "Burglary",apparently to take the strict significance of household.The concept of "household" is equivalent to "residence" on the criminal law,it's the same meaning with residence of the Crime of illegal invasion of residence.Judicial interpretation also uses the word"residence" to explain the word "household","residence" has its specific meaning in other legal provisions of our country,and is closed to the meaning of household.According to the Supreme Court law trial guiding case interpretation,the household refers to residence,including the fixed residence and temporary residence of citizens.The theory of criminal law elaborates to protect the citizen's housing of the legislative purpose of household robbery as well.Therefore,in the interests of the law,the household and the residence can be equivalent to understand.According to the administration of justice,it proves that production and business operations and residential areas do not distinguish,the dwelling place,the temporary simple buildings and idle room and affixed house,the mobility places with living function can be the object of household robbery.The patio,corridor,kitchen,garage connected by the household can be a part of the household and is the extension of the household.It can be convicted household robbery at these places.Evaluation of indoor robbery is not only the pure objective of household,but also contains the subjective purpose evaluation of the criminals.Criminal law and judicial interpretation made clear regulations of the household,but not regulates clearly with subjective evaluation.Some scholars believe that the household exists objectively,the subjective of the household does not affect the confirmation of household.The subjective aspect mainly includes the subject,the knowledge,the purpose,the way of household entrance four aspects.The criminal law prefers to protect the household life safety function and safety of the people of the family trust interests.The cognizance of the knowledge of household entrance is the process that the form of household exists reality and the criminal's subjective perception.But it must adhere to the principle of unity of subjective and objective identification.The subjective purpose of burglary in criminal's behavior is the origin of crime,how to consider that the robbing in the household or spur of the moment in the indoor robbery is inconclusive though the purpose of home is a robbery and burglary.If it's just home robbery without violence or threat of harm to the victim,it should not be cognizance as burglary yet,it should cognizance limited overall.But the scope of the "household" should be expanded interpretation.The principle in favor of the defendant of the criminal law is in the sentencing phase,or the consideration after crime.The first rule of China's criminal law is the punishment of crime,the purpose is to protect people.The second rule is the task of criminal law to combat crime and protect society and people,the two is the whole tone of the criminal law.Therefore,the expansion of interpretation of the extension of household accord with the purpose and task of the criminal law.Secondly,the criminals crime for property,but the victims was often killed for this.The starting point is to protect citizens maximally before the crime.The starting point is to protect citizens maximally before the crime.Burglary is extremely serious crime of social harmfulness,it violates the person,property,privacy and the right of peaceful living and so on,therefore,the severe punish of criminal law fits the crime for the protection of citizens' peace household.Therefore,it's benefit for the citizen's interest the maximum degree to broaden the extension of household and to deterrent the criminal and curb crime as well.