On The Characteristics Of "Home Stolen" And The Line Of Crime In China 's Criminal Law

Theft is one of the ancient crimes which would be hit in all dynasties. With the development of social economic, "indoor theft" has been defined as a special larceny by China, the theft has been more focused on and "home" been protected. “Indoor theft " is different from the ordinary theft. The target is not only to protect the right of property ownership, but also the right of the residential tranquility of citizens, the right of security etc. The nature of “indoor theft” is still theft, also has two basic characteristics of theft: illegal possession intentions; having secrecy. “Indoor theft " no longer limited to the amount of the crime and the economic value. But not all the thefts in the house can be accused of a crime. We need to understand "illegal home" behavior and the scope of "home" exactly. The "home" has the characteristics of functional and relative isolation from the public. Although "home" is related with "family life", but not necessarily linked with the "family". "Break in" having illicit characteristics. "Break in" is illegal behavior objectively, it has threaten the right of the residential tranquility of citizens, the right of security etc. The perpetrator entered the household must be illegally obtain property and other illegal purposes. If the men entered into the house by householder permits and theft, his behave is not “indoor theft”, but “ordinary theft”. The perpetrator of the theft is required of having a clear understanding of the "home", depends on the man have a condition to recognize the “home”. The current law does not make a more detailed explanation. There are many different theories about accomplished offense and the attempted. Whether all “indoor theft” is criminal acts, practice is not uniform. We should combine burglaries acts against the extent of legal interests, to accurately distinguish between the boundaries of the crime and attempted both cases. According the social harmfulness of " indoor theft " behavior, we can identify "start" behavior as "illegal home" line, and "start looking for property" as a theft incriminate boundary convicted and punished. It’s very difficult to prove the purpose of the perpetrator only by "illegal home" behavior. In order to distinguish between stolen property and without the huge theft of property furthermore, the amount of the stolen property should be a recognized a standard of accomplished offense, making the punishments be adapted to the criminal culpability.