The Research Of Burglary Legislation

Burglary,as a kind of a property type crime, with its long history. however, the criminal law in the past dynasties have not made a special provision to amend a burglary, until the latest revision of the criminal law amendment (8)｛the following referred to as criminal(8)｝to its conviction that made specific provision. Conviction of a burglary in judicial practices and sentencing has been a difficult problem, though the newly revised the amendments to the criminal law for its made specific provisions of the legislation and perfected the theft, but I think that the system of some provisions are insufficient, necessary to further research. This essay, taking criminal(8) as the foundation, engaged in some research, the main content as follows:One, the meaning of a burglary. "Family" legal implications. research the feature of the "family";discussed some place belong to family or not.such as:collective accommodation, the hotel etc. "Into" legal implications. Mainly discusses the means of into,and the difference between "into household theft" and "a burglary ".The definition of "theft". As the secret filch is the essential characteristics of theft in objective aspect, this paper discusses the characteristics of secret filch behavior.Second, our country about "a burglary" legislation investigation and comparison of the foreign legislation. Discusses the legislations of ancient and current, including the criminal law of Macao; Investigated the foreign legislation,includ the continental law system, "the Italian criminal law," "the federal republic of criminal law", "French criminal law"and the American criminal law; Our country criminal legislation compared with foreign legislation regulations. A burglary compared with general thefts have more social harmfulness than average, should give more severe punishment of theft. Criminal (8) increased some behaviors such as burglary,but it just as a general punishment way.Third, Burglary in criminal (8),has more meriter than the present criminal law. The defects of China's present criminal law about burglary's,such as China's present criminal law did't distinguish the "burglary" and "general thef ",so burglary did not reach the larger amount, the judicial practice almost condemn as "illegal in house". This has many shortcomings; Criminal (8) make a differentiate between "burglary" and "general thef ". Criminal (8) modified theft constitutive standards. It made the China present criminal law is faultless.Four, Burglary in criminal (8),has some merit also has some insufficiency. I think, this regulate also have certain disadvantages. Because Criminal (8)increased behavior such as burglary just as a general punishment way. But, burglary have greater social harmfulness than general thef.So we should increase the punishment of the burglary.Five, legislation proposals. I think, the legislation of burglary in Criminal (8) is not faultless,still need to make partial changes. I agree with Professor MaKeChang's standpoint. We could modify the clause like that:"theft the state-private property, if the amount is relatively large or have other heavier plot...". Again, plus the "times theft", "burglary" such as the other heavie into the the clause by the judicial explanation of the supreme people's court.