Research On The Judicial Application Of "Housebreaking" In Housebreaking Robbery Take Zhang Robbery As An Example

Article 263 of the penal code,which stipulates that a burglary shall be in one of the eight conditions of imprisonment,the statutory punishment shall be "fixed-term imprisonment of not less than 10 years,life imprisonment or death".Correct understanding and accurate application of housebreaking robbery is not only related to the unification of the application of law,but also to the protection of the legitimate rights and interests of the defendant.In view of the new situation and new problems appear constantly in judicial practice,some provisions of judicial interpretation to understand there is ambiguity,combined with the theoretical understanding of diversification,how to apply to housebreaking robbery standardization still need further discussion.In this paper,a typical case is used to provide a reference for theoretical research and judicial practice through the analysis of several controversial points behind the controversy.This article discusses from the following four parts.The first part is the introduction of the case,and concludes the disagreement and the focus of the dispute.Zhang hides the robbery on purpose,and enters the long vacant rented house in the name of renting,and the Liu who is entrusted to rent the house for robbery.Whether the long-term vacant rental room has the functional characteristics and the site characteristics of "household",can it be considered as "household" in the sense of criminal law? Zhang does not carry the murder weapon when he enters the rental house,and does not use violence and coercion,but conceals robbery intentionally and peaceful enters the rental room,can this kind of method be regarded as household robbery to enter the household way?Liu is not the occupants of the rental housing,but temporary stay in the rental housing,Liu can become the object of house robbery?The second part is the legal analysis of the related controversial issues.First of all,through the study of the theory of aggravated crime,the author analyzes the connotation of the legal interest of housebreaking robbery,that is,the protection of the legal interest of housebreaking robbery refers to the personal rights,property rights and residential security rights.Secondly,enter a robbery is applicable legal sentence determines the housebreaking robbery not only from the literal meaning to understand,to ensure the legal punishment of housebreaking robbery and the degree of harmful behavior,deal with housebreaking robbery take narrowed the explanation.Thirdly,based on the reasons mentioned above,the "family" in the sense of Criminal Law refers to the private residence for citizens,and has the functionalfeatures for the family life of others and the site characteristics that are relatively isolated from the outside world.Since then,the judicial interpretation has made a normative interpretation of the goal of household entry,which conforms to the needs of judicial practice,and does not violate the purpose of the establishment of housebreaking robbery in criminal law.As long as the actors enter the household,they have the subjective purpose of infringing on the personnel,property and property of the house.No matter what manner the actors enter the house,they all belong to the way of housebreaking robbery.In the end,the occupant of the household robbery and the others who stay in the house can be the object of the robbery.Even if the form of possession or entry is illegal,it does not affect the identification of housebreaking robbery.The third part is the conclusion of this case.Because the rental house is vacant for a long time,the function of family life can't be brought into full play,and it can't be recognized that the rental house has the functional characteristics of "household" and should not be identified as "households".Although Zhang entered the rental house on the basis of renting,the real intention of the robbery was to be robbed,which had the purpose of violating the personal property and property of the house,which belonged to the goal of housebreaking robbery.In view of Zhang's entry into the rental house,it has the purpose of encroachment on the person and property of the house personnel,regardless of the manner in which it is taken,it is the way of the housebreaking robbery.Zhang is in the rental housing,although not the residence of the rental room,but not affect it to become the object of the housebreaking robbery.Although Zhang robbery behavior meet the housebreaking robbery housebreaking purposes,housebreaking style,robbery object elements,but because of into the rental cannot be identified as "families",therefore,Zhang behavior cannot be regarded as housebreaking robbery.The fourth part is the research inspiration of this case.The legal and judicial interpretations are not perfect.There are legal loopholes and the judicial interpretation should be improved in a dynamic manner.The sentencing guidance on common crimes has realized the form justice of the case,but it does not necessarily realize the substantive justice of the case.The sentencing guidance on common crimes still needs to be further refined.Only in this way can we realize the balance of crime and punishment in case handling.The introduction of guiding cases is conducive to promoting the unification of the application of law,and the procedure is relatively simple,and the supreme people's court should strengthenthe case guidance system to better respond to the needs of judicial practice.