论入户抢劫中的“户”

On the "family" in Burglary

《中华人民共和国刑法》在1997年修订后,将入户抢劫规定为抢劫罪的八种加重情节之一,但现实生活中案件情况复杂多变,认定入户抢劫时争议较大。其中"户"的范围是认定入户抢劫的重点和难点之一,应当深入研究。加上入户抢劫的法定刑较高,从正确适用法律和罚当其罪的角度上看,对其深入研究也是非常有必要的。尽管最高人民法院出台的两部司法解释对入户抢劫中"户"的认定作出了解释,但在司法实践中准确认定"户"的范围仍然有一定的难度。本文通过对"户"的概念、特征的阐述可知,"户"的范围十分广泛,不仅包括一般意义的住宅,而且还包括一些特殊形式的场所,即具备了"户"的功能特征和场所特征的场所;并通过与相关概念的比较分析,进一步明确了"户"的范围和特征。

Amendment of ＂People＇s Republic of China Criminal Law＂ after the 1997, the Burglary is defined as aggravated robbery, one of eight episodes, but in real life the complex circumstances of the case, finds that controversial for Burglary. Where in the range of ＂family＂ is to identify priorities and one of the difficulties of home robbery, should further study. Theremore, Burglary is higher legal punishment from the correct application of law and punishment of proportionality point of view, its in-depth research is also very necessary. Although the Supreme People＇s Court issued judicial interpretation of the two Burglary of ＂family＂ found to explain, but in judicial practice finds precise scope of ＂Household＂ still has some difficulty. Based on the ＂family＂ concept to explain the characteristics of known, and ＂family＂ is very broad, including not only a general sense of homes, but also include some form of special places that have a ＂family＂ of functional features and characteristics of places places; and through a comparative analysis with related concepts, further defined the ＂family＂ of the scope and characteristics. Analysis angle may not be comprehensive, but still want the analysis of this article on the ＂family＂ to solve Identified problems of the ＂family＂.