The Identification Of Housebreaking In Transformational Robbery From The Perspective Of Proportionate Punishment To Crimes

In type of crime against property, robbery has the most severe punishment. A home robbery is a combination crime of burglary and robbery, which is not only a violation of citizen's personal and property rights, but also violated the right of citizens'residential tranquility. Therefore, Criminal Law of PRC provides housebreaking as a aggravating plot. Committing a crime of home robbery will be sentenced to 10 years imprisonment, life imprisonment or the death penalty. According to Criminal Law of PRC Article 269, whoever commits the crime of theft, fraud or forcible seizure of money of property ad uses violence on the spot or threatens to use violence in order to conceal the booty, resist arrest or destroy the criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this law. It is controversial in both theory and practice fields that if there is a housebreaking plot in the transformational robbery, should it be condemned as home robbery.According to Criminal Law of PRC Article 5,the degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender. The logical thinking principle of criminology should as following: the qualitative conviction should service in sentencing, conviction should comply with the principle of Proportionate Punishment to Crimes(PPTC). The same thinking principle, PPTC should be cautiously taken in the identification of housebreaking in transformational robbery.This article states the author point of views through analysis the purpose of legislation, legal regulations, academic debate, the different practices of legal practice in the field of robbery, home robbery, transformational robbery. Home robbery provided by Article 263 differs from transformational robbery provided by Article 269 in social harmfulness. Therefore, the identification of housebreaking in transformational robbery should be discreet, the sentence should be made according to the severity of housebreaking, the consequences of injury and the amount of filthy lucre, so that the punishment should fits the crime lawfully and reasonably.