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《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。
After the Criminal Law of the People’s Republic of China was revised in 1997, it stipulated that robbery at home should be one of the eight aggravating circumstances of robbery, but the circumstances in the real life are complicated and changeable. Among them, the scope of “household ” is one of the key and difficult points for identifying robbery at home and should be studied in depth. Coupled with the relatively high legal punishment for robbery at home, judging from the perspective of proper application of law and punishment of crimes, it is also necessary for him to conduct an in-depth study. Although the two judicial interpretations promulgated by the Supreme People’s Court have explained the identification of “household” in the case of robbery at home, it is still somewhat difficult to accurately identify the scope of “household” in judicial practice. Through the explanation of the concept and characteristic of “household ”, we can see that the scope of “household ” is very wide, including not only the residence of general meaning, but also some special forms of places, that is, And the place characteristics of the place; and through the comparison with the related concepts, to further clarify the “household” range and characteristics.