"Door" Of Scope Research In Door Rob

The Supreme People's Court has been investigate well research and argument, once two explanation with judicial set to go into the door robbed to make one thin turned provision, included the scope of "door", go into door of subjective mindset etc., had important meaning to the judicatory fulfillment and the theories research.This text the scope of "door" inquiries into alone, the purpose lies in the form of various each kind"door" in the definitely judicial fulfillment, the characteristic of explicit"door", not only studied to rob to lay foundation into the door for the others, more to practice in appear of the instruction function of affirm of the myriad shapes"door".This text divide three greatly part of, the first part be the concept of "door", first from"door" of domestic and international lawmaking origin and development beginning, to the definition of "door", go into a door to rob medium"door" of the general situation carry on Jing to open up of generalize, also practice to the judicatory medium affirm the theories rift of the scope of "door", know the scope of "door" of crux one by one put forward.Pass the treatise of the first part, mainly clarified what is "door", "door" have which problems study.The first part is main explicit textual and basic problem-go into door rob medium"door" of the scope should only be limited by a residents' house, and have the hotel, dormitory of the house property of a residents, herd the people's tent...etc..The scope of "door" shouldn't extend to go to not to have a house to reside a sexual public place, if transact place, elevator...etc..This text the second part be mainly the characteristic of "door", include special in the location, closing, line up his sex, the house resides sex.Judge whether belong to the scope which rob medium"door" into the door, judge according to"four sexes"s of"door".Among them, special in the location is premise and foundation which affirms "door", house's residing sex is whether judgment belongs to the most characteristic of the scope of "door" or not, closing and line up his sex is the form characteristic of scope which affirms "door".Whether judge the place in the case belongs to "door", must have above four characteristics in the meantime or not, lack a can't.Pass elaborate of the second part, explicit affirm the basic formula of the scope of "door", completely can be a judicatory of judgment standard.This text the third part be a special form concerning"door".Mainly to judicatory practice medium affirm that the crux problem of "door" is one by one analytical, mainly include "originally in the rob of door" how to affirm, rob non- head of family how to affirm, guest house, cabaret how affirm, "ex- store back yard" type place how affirm, the collective dormitory of student, officers and workers, the yard, building way, elevator...etc. can become "door", sex builds at the time of place, building how affirm, herd how people's tent, fisherman's fishing boat affirm etc..Pass the analysis of the third part, overcame theories and only practice, the irregularity which pay attention to general not to pay attention to special, come to an a higher level to the comprehension of "door".The special form of "door" that this text enumerate also can't exhaust all forms of "door" in the realistic life, along with the social development, new of the form of "door" will also appear, dispute will also appear, but as long as want to judge, then assist with the characteristic of legal case according to four characteristics of "door", judgment whether belong to to rob medium"door" and can't walk into the door curved road.The conclusion is part of to mainly pass to above the research of problem, get the concrete standard of the assurance"door"-"four sex subscribers", make thus the judicatory practice medium rightness go into door rob medium"door" of the scope no longer has a controversy.