The Cognizance Of Burglary

In the democratic rule of law society, private lawful property rights, which shallnot be infringed has become universally accepted fact. As the occupation of stealingthe property crime type, burglary has always been taken seriously by all ages andnations. With the pace of the social development, both foreign and Chinese criminallaw experts are studying and arguing the specific shape changes and verification aboutburglary. There are two reasons for the concerning of Stealing: the first is that itseriously infringe the protection of criminal Legal Interest. The second reason forconcerning is its complexity of in the judicial practice and the difficulty of judicialoperation. Combining with the complicated situation which often appears in judicialpractice, author will discuss the main problems of stealing, about25000words in all.In addition to the introduction and conclusion, full text can be divided into sixparts:the first part,recogniziation of the object. As the feature, The academic circlehave some different ideas: some people think that it should be tangible, other peoplethink it should have management possibility and value.The author thinks that theobject of stealing should have four characteristics, namely: the ascedance, theeconomic value, the legal exclusion, especially the movable property. At the sametime, whether some special items (such as contraband, etc) can become the object oftheft, the author think we should analyze detailed feather because of legal nature ofcontraband itself.The second part，the cognizance of the objective behaviors. Secret filch is a mainpatterns of behavior which have been used to distinguish theft and other propertycrime. This part discuss the theft behavior, and still insist on this feature. Theauthor also puts forward to have a good understanding of the connotation and featuresof secret filch, such as subjectivity, time limiting, relativity. The second part, theauthor, based on the spirit of the amendment of criminal law (8),discuss a few kindsof special theft behavior: burglary, carrying weapon theft and pickpocketing. In itsconnotation and determination,the author make a deep understanding and analysis, such as the understanding of "burglary "and the definition of the" weapon ", etc.The third part,the subjectivity. The subjective intent on stealing, I think, should bedirectly intentionally. Because the most important difference between the directintentional and indirect intentional is different volition. That who see what will stealwhat state of mind, can not evaluate for indirect intentional. About the directintentional, the author thinks that we should analysis the cognitive and motive factorswhich lie in volition, no matter what the theory will develop or the society will need.Such as cognitive factors which include understanding of criminal behavior and objectof crime. Grasping the two factors, it will be helpful for the judicial worker to identifythe stealing.The fourth part, the conviction of plot. The conviction of stealing plot directlyaffect the theft, sin and the sin of the determination. This part, we discuss the questionmainly from times and amounts.The author thinks that we should be sure tounderstand the "times". At the same time, as in a large amount, we also should graspthe connotation of the amount and make accurate grasp of the "large amount".The fifth part, the crime state of stop. On the standards of accomplishent,academic circles forms different views. By addressing several thoughts, the authorthinks the best suitable standards is "control"; Second half part, the author attempt toexplain the key point—the start of crime,which differs the unaccomplished formin preparation of stealing.Including the meaning of “start” and “how toidentify”,what is more,Combining“common burglary” with “special burglary”.the author will discuss something about “entering burglary”.The sixth part, the distinguish of the theft and related property crime. In judicialpractice, this question is very important. By comparing some type of property crimeand theft, such as fraud, corruption, and the crime of destroying public or privateproperty and so on. We hope the judicial workers not only consider the complexity ofthe case, but also base on itself to recognize the related crime of property.