The Judicial Identification Of The "Household" In The Criminal Law Of China

Burglary and robbery entering the house are two kinds of common multiple crime, because of the particularity of the infringement of legal interests; the criminal law of our country has made additional provisions. However, the provisions of the "household" in China's criminal law is too simple and abstract, so that in judicial practice, it is often difficult to identify the situation. Therefore, this paper attempts to clarify the concept and scope of the "household", and combined with the specific circumstances of the judicial practice; put forward the "user" Application of the perfect recommendations.This paper is divided into four parts, a total of about twenty thousand words. Respectively, the "household" overview, the "household" type of crime law, the "household" identification, "household" Application of the status quo and improvement suggestions.The first part is an overview of the "household". Firstly from the different angle introduced definition of "household", think "household" is for others home life and use and relatively isolated from the outside that can exclude others from entering the premises; secondly, according to the definition of "household", summed up summed up the "household" has the characteristics, including home, closed and exclusive. Finally, through expounding the theory controversy of "household", comes to the view.The second part is the legal provisions of the "household" type of crime. This article calls into the "household" type of crime is mainly refers to the burglary and burglary. First of all, this paper expounds the into the "household" type of crime, the legislative background, believed that "household" type of crime in the judicial practice difficult to prevent and combat, the penalty conforms to the criminal policy of need, also is to protect the citizens housing security, public opinion; secondly, introduced into the "household" type of crime, protection of legal interests, prominent residential tranquility right is "household" type of crime and violations of the special legal interest and need to criminal law to give special protection. Finally, this paper also introduces the domestic and foreign criminal law on the relevant provisions of the "household" type of crime.The third part is the identification of the "household". Including the "household" of the general identification and special identification. First, in the "household" of the general identification introduced the difference between the "household" and "room" and "household" and "residential", in order to avoid confusing application in judicial practice; secondly, in the "household" of the special identification. In this paper, through analysis of judicial practice with case, to make a judgment about the special place of the controversial, and summed up to this place in the judicial practice determination rules.The fourth part is the analysis of the status quo of the application of the "household" and the suggestions of improving the application of "household". Mainly through the study and Practice on burglary and robbery of relevant data analysis, such as the ratio of the two in the robbery, theft accounted for, caused by the harmful consequences of statistics and treatment results were analyzed, and summarized the problems of "household" in the legislation and judicial practice in the existence, and puts forward corresponding suggestions, in order to in the judicial practice better regulation of this kind of crime."Household" is a citizen to survive and thrive places, also civil defense and resist the risk of the last barrier. If this place is violated, not only the material life of citizens will be destroyed, the spiritual life will suffer huge losses, so the law must be fully protected.