Study On The Problems Of Identifying Family Robbery

Because the robbery in the home has the serious legal interest violation,the criminal law of the People's Republic of China provides a more serious legal punishment.In view of the practice in a variety of situations,the supreme law also repeatedly through judicial interpretation on how to identify the problems related to home robbery to regulate,However,there are still a lot of controversy in theory and practice.Therefore,it is necessary to conduct further research on the home robbery,in order to pursue the unity of theory and practice.This paper is based on the results of previous studies,and is divided into the following four parts:The first part,the author introduces the cognition and understanding of the "household" in the home robbery,and explains the understanding of the "home" from four aspects:the understanding of the house,the purpose of the home,the way of entering the house and the main body of the house.This paper considers,"Household" refers to reflect the daily life of citizens,reflect the main property store as well as the embodiment of the soul of the people and the most worthy of a safe and secure space.The second part is the Transformed robbery,The author mainly from the transformation of the concept of home robbery,the composition of the elements and how to transform the specific identification of robbery and other aspects for further study.In this paper,the author thinks that the first act of transformed robbery is only a kind of burglary,and does not require the advance behavior to achieve the degree of crime.In the third part,from the point of the robbery is there an unfinished form and the theory and practice,the author discusses the problem of the crime of robbery in the home robbery.In this paper,the author holds that there is an unfinished form of robbery as a aggravated crime and has existing unfinished form.The "start" refers to the behavior of the people who want to get the property and the violence to the victim or the threat of violence.The last part,this article from the common characteristics and classification of burglary burglary crime accomplice over limit problems of indoor robbery made further analysis and discussion,in order to have a more complete and accurate grasp of the home related problems of robbery.