Study On The Difficulties Of Household Robbery From The Perspective Of Judgment

Robbery at home is a serious violent crime.The criminal law lists it as the first of eight aggravating circumstances of robbery.The main reason is that "household" is a residence for citizens to live with and relatively isolated from the outside world.Robbery will pose a serious threat to the safety of citizens' personal,property and housing.Secondly,the relative isolation of "households" will greatly reduce the chances of victims seeking external relief,which will easily lead to the control of harmful results.Therefore,accurate identification of home robbery has important guiding significance for conviction and sentencing in judicial practice.However,there are many different views on the understanding and determination of the robbery of the household,both in theory and in practice.For example,the definition of "household"in the robbery of households,the way and purpose of robbery and the criminal form of robbery in the household have always been the focus of controversy in the theoretical and practical circles.Therefore,to accurately identify the robbery of the household,it is necessary to grasp the functional and local characteristics of the household.The behavior and methods of robbery at the household should be determined according to the principle of unity of subjectivity and objectivity,and the crime form of robbery at the time is in time.Strictly grasp the space and the consequences of the consequences.On the basis of demonstrating the above-mentioned problems,it is necessary to conduct a comprehensive analysis and research on the matching relationship between the degree of criminal responsibility of robbery and the rationalization of sentencing.The author wants to use this article,according to the provisions of the current legal documents and analyze the relevant theoretical research results of the robbery of the household,combined with the practical cases,first start from the definition of "household",then analyze the subjective and objective factors of the robbery of the household,followed by The criminal form of robbery at home has made some analysis and discussion on the degree of criminal responsibility,conviction and sentencing.Finally,due to the high sentencing penalty caused by the high legal punishment of household robbery,try to distribute the statutory penalty and discretion In the application of the system,the author discusses some ways to rationalize the robbery and sentencing of the households,in order to give their opinions and opinions on the understanding and determination of the robbery of the household.