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Elaboration On Indoor Theft

Posted on:2011-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z YaoFull Text:PDF
GTID:2166360305993715Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Indoor theft refers to the behavior of taking illegal possession as its purpose, then take various means to enter private residence illegally and secretly to steal the properties. The subject is general subject. The subjective is registered as directly intention and illegal possession. The crime violates the properties of public and private, as well as the rights of domestic tranquility. The objective is registered as behavior of enterring residence illegally and secretly to steal properties. The word "indoor" in the term "indoor theft" refers to residents'house that bear characteristics of daily life, closure, exclusive, fixed, independence,security, etc. Some places which bear the basic feature and intrinsic attributes of "homes" can be maintained as "homes", such as dormitories, hotel rooms, temporary simple buildings, places which can be used for production or daily life, and so on. Indoor theft refers to the behavior of people with cheating, breaking and broking lock or slipping quietly into the households. The behavior of invading the door is the act of perpetrating in the theft of entering private residence, when the perpetrator commence beginning to invade the door, it means the beginning of "commence". The nature of criminal action may change in the process of indoor theft because of the change in the subjective and objective conditions, then the nature of theft of entering private residence change to robbery of entering private residence. Subject, subjective aspect and objective aspect are needed by the transformation from theft of entering private residence to robbery of entering private residence. This transformation needs not that the former stealing constitutes a crime or accomplishment of a crime. In the judicial practice, the legal regulations about the indoor theft are mainly referred to convict and measure the theft of entering private residence, the judge does not think that the man commits a crime who steals something in the households, but not reaches the legal amount or not accomplishes the crime. This practice violates the principle of suiting punishment to crime, because the theft of indoor encroaches double object and has more serious social harmfulness. Thus, some legislative regulations are needed to perfect theft of entering residence.
Keywords/Search Tags:invade the door, indoor, burglary, larceny, implicated crime
PDF Full Text Request
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