On The Judicial Determination Of Entering A House Owned By Another Person For Robbery

Robbery is the serious social harmfulness of the crime for people’s personal and property legal interests.And to enter a house owned by other person for robbery as one of the important aggravating circumstances,it’s also the object for the criminal law to combat.At present,there are relevant judicial explanations about entering a house owned by another person for robbery,but there are different theoretical views on the scope of "domicile ",subjective mentality,the subject of entering a house owned by another person for robbery,and the transformation of entering a house owned by another person for robbery in academic circles and judicial practice.Different understanding and determination will lead the offenders to bear different criminal responsibility,which is not conducive to maintaining the authority of the law.Therefore,it is necessary to conduct a thorough discussion on the judicial determination of entering a house owned by another person for robbery.This paper discusses the present situation of judicial identification of entering a house owned by another person for robbery,the connotation of "domicile ",the identification of " entry ",the subject of entering a house owned by another person for robbery and the transformation of entering a house owned by another person for robbery.The author believes that the identification of "domicile" should grasp two characteristics,they are the functional characteristics of family life for others and the characteristics of the place relatively isolated from the outside.There are two ways to enter the domicile,violently or deceptively.About the transformational robbery,no matter theft,fraud or robbery,they are might constitute robbery of housebreaking.The innovation of the paper is that the domicile identification of permanent tenants and mobile tenants’ houses.Besides the people of sharing houses,the shared housing of permanent tenants and mobile tenants should be considered as "domiciles ".For the people in the shared room,the cubicles of the permanent tenants are recognized as "domiciles ",and the cubicles of the mobile tenants should not be regarded as domiciles.