The Issue On The Judicial Determination Of "Household Robbery" In The Crime Of Robbery

The Supreme People's Court once aim at house definition of Housebreaking has published judicial interpretation for three times,and have a clear explanation about the robbery of housebreaking in judicial interpretation in 2000.After then,the judicial interpretation interprets the "household" in "household robbery" as having two characteristics which are functional and site in 2005.The judicial interpretation of 2016 focuses on explaining how the place of business and residence can be determined according to the difference of business time and the transformation of functionality.There is no doubt that the three judicial interpretations of the Supreme People's Court have provided a solution to the identification of "households" for judicial practice activities.However,with the further development of economy in China and the deepening of the degree of social openness,the forms of "households" in reality have also become diversified.The definition of "household" is different in the theoretical circle of criminal law.Moreover,the definition of "household" is quite different in judicial practice.Besides,its specific performance is for the same case to appear different judgment,and it aim at the same type of place on the affirmation of "household" also is different.Therefore,the scope of the "household" in theory and practice has never stopped.The research significance of this paper is that through the principle of combining theory with practice,which can provide feasible identification rules for the identification of "household" in the household robbery and the site of "household" is analyzed and determined.Finally,according to solve this problem and enlighten the problem of "household" in judicial practice.The main body of this article is 30,000 words,which is divided into four parts,including the judicial interpretation of "household" in the household robbery and the definition of "household" in judicial practice,the plight of "household" in the household robbery,the author defines the "household" in the "household robbery" as well as the specific identification rules of "household" in the robbery,and The author uses the reasonable extension to explain the scope of the "household",It also provides a way for judicial practice to Identify the problem of "household".The first part mainly from two aspects to introduce the rules of "household" in household robbery.The first one is the introduction of the judicial interpretation of the "household robbery" in the "household" and make a concrete explanation.The Supreme People's Court has issued three judicial interpretations on the definition of "household" in the "household robbery".In addition,the author also analyzed the judicial practice how to determine in the "household robbery" of the "household".From the perspective of judicial interpretation and judicial practice,the definition of "household" is analyzed and understood,which can better lead to the predication of "household".The second part mainly discusses the dilemma of the identification of "household",which is caused by the inadequate application of the law of "household" and the unclear definition of legislation and judicial interpretation.Moreover,the definition of "household" in legislation is not perfect,and the legislative interpretation of "household" is lacking.Although China has issued a judicial interpretation of the "household",it cannot eliminate the determination of "household" by the local courts.Due to the more conservative thinking of judicial subjects,they are afraid of their feet in the trial of robbery cases involving "households",which result in the determination of "household" is relatively narrow.The existence of these problems will seriously damage the interests of the concerned parties and should be taken seriously.The third part is the key chapter of this thesis,and it also the chapter of the author's opinion.This part mainly discusses the author's general definition of "household",which sums up my views on "household" from the academic community's discussion and concludes that the "household" should be satisfied with daily life,closure and exclusiveness.Furthermore,this paper analyze the relationship between the concept of "household" and "household" in depth,and the relationship between "household" and the meaning of "household" in criminal law can be better understood by analogy analysis.Only have the comprehensive understanding of "household" can help to identify the "household" in judicial practice to provide the necessary conditions in the last part of this article.The fourth part is the sublimation of this paper,the author first analyzes the protection of the household robbery.Under the guidance of the concept of law and interests,this paper enumerates seven typical cases in judicial practice.In connection with the fact that different sentence in the judicial practice are introduced in the cognizance of the same type of "household" is different,and then to a detailed analysis of each type of places,summarized the rules of this kind of place,at last summarizes about the cognizance of the special place of "household" in several rules,to guide the judicial practice to provide their own thoughts and ideas.The innovation of this paper is most of the papers in academic research is about the whole household robbery,and the research of household robbery way,such as the deterioration of the transformative robbery plot,but few scholars study about the "household" in household robbery analysis.Through the detailed analysis and understanding of "household",the author aim to summarize the method of identifying "household".