A Research On "the Robbery Of Housebreaking"

For various reasons,the 1979 Criminal Law of PRC do not distinct the robbery of housebreaking from the common Robbery.The 1997 revised Criminal Law of the PRC clearly defined the "the robbery of housebreaking" as one of the eight kinds of statutory aggravating circumstances,firstly.But the Criminal Law of PRC do not explain the robbery of housebreaking concretely,which cause the different understanding in the theories and judicial actual situation.The Supreme People's Court twice made relevant judicial interpretations,but still can not Settlement of the dispute.Therefore,It's practical significance that the deconstruction of"the robbery of housebreaking" from the overall restriction,both in the theoretical level and judicial practice.This essay firstly introduces the overview of "the robbery of housebreaking", including the legislative evolution and controversial issues.So in the criminal code of different countries we get to know that the rules about "house" and "residence" in the phrase of "the robbery of housebreaking" have the similar connotation and extension.And with the improvement of the level of legislation, "the robbery of housebreaking" has appeared in the code.After I know about the concept of "the robbery of housebreaking",here I mainly make a research on the words "housebreaking" and "robbery".When we define "housebreaking" in the phrase of "the robbery of housebreaking",we define the "house" as "residence".It means the household for people to live in and isolation with the outside and nobody can enter the house without the householder's permission.The location features and function features are the unique characteristics of the "house" and "living for the family" is the core of the features.The action of "entering the house" must be illegal,which is judged by whether the perpetrator asks for the permission of the householder.When the perpetrator enters the house,he subjectively has a clear understanding of "house" and his purpose is robbery. When we define "the robbery" in the phrase of "the housebreaking of robbery", the perpetrator violated the householder's property and personal rights indoors. This requires "the robbery" must happen in the "house",including the violent behavior and the acts of seizing property.From the theoretical analyses,when transformed robbery acts in the "house",it can not be identified as "the robbery of housebreaking".But because of the Supreme People's Court's Judicial Interpretation,it is necessary to have stricter rules on the condition of its establishment.