Research On The Identification Of "Household Robbery"

"Household robbery" ranked first robbery plot aggravate punishment,in the traditional four elements constitute elements of the criminal law within the framework of standards should include: the "household robbery" is the object of infringement shall include a citizen’s personal rights,property rights and the residence is inviolable rights;The target of the crime,i.e."household",refers to the living place for relatively fixed members,which is relatively isolated from the outside world and has the characteristics of residence and place.The means of "entering" include any "entering" against the victim’s will,including violence and relatively peaceful non-violence;The subjective purpose requires the perpetrator to have the intention of robbery and recognize the existence of the "household" when committing robbery after "entering the household",and should not be restricted by the illegality of the "household" purpose.Special subject exist in the "household robbery crime",namely "family" members while instigated or implementation of the "household robbery" alleged constitute only general robbery,relative to bear criminal responsibility age subject in cross type and transformation a burglary robbery to produce also cope with the transformation of "household robbery" bear criminal responsibility.On the basis of the clear distinction between crime and non-crime,it is necessary to pay attention to the boundary between this crime and that crime,that is,the distinction between the crime of "household robbery " and related crimes."A burglary" as a condition of stealing into sin,and the different nature of "household robbery" in criminal law,its "home" should be taken to expand the scope of interpretation;Invasion of the crime of illegal invasion of residential behavior is not the means of "household robbery" behavior,both on the behavior,objects,scope and purpose are different;In combination with the provisions of transformed robbery crime,it is necessary to confirm the existence of transformed "household robbery" and to apply the heavier sentencing grade.