简析入户型犯罪的立法评价与司法适用

A Brief Analysis of the Legislative Evaluation and Judicial Application of Household-type Crime

入户型犯罪包括入户盗窃、入户抢劫。从刑事立法角度来看,在入户盗窃中,入户作为犯罪情节,可理解为结合犯;在入户抢劫中,入户作为量刑情节,可理解为牵连犯;在入户侵犯其他人身权的犯罪中,如入户杀人、入户伤害、入户强奸等,可作为想象竞合犯,择一重罪论处。

The indoor crime includes the indoor theft,the indoor robbery,viewing from the criminal legislation,in the indoor theft,the indoor takes the crime plot,which may be understood as the union commits;In the case of indoor robbery,indoor robbery,as a sentencing circumstance,can be understood as an implicated offender;Among the crimes of violating other personal rights by entering the house,such as killing,injuring and raping by entering the house,it can be regarded as imaginative joinder of offenses and punished on the basis of the most serious one.