Flaboration On Indor Theft

Larceny is an ancient type of property crime. The crime of theft has always beenseverely cracked down on criminal law of many countries.Indoor thetf is a type of larceny,it not only impi’nges peoples property right but also impi’nges peoples residential safetyand personal safety, the social harmfulness is larger than the larceny. The criminal lawamendment(8) has provided a new condemnable standard of burglary active of larceny,Cancel the amount and limiting the number of it converts the old protecting legal interestsof burglary to protecting people’s residential safety,which means protecting peopl’esresidential safety as important as people’s right of ownership of property and possession.Under the background, the paper further analyze the indoor thetf. The paper dividedinto ifve parts. The ifrst part is the concept of indoor thetf deifnition, Through thediscussion of burglaries in "into" and "household"，to draw a conclusion, that the indoorthetf is the illegal invasion facies and isolated the others for a place to live, with thepurpose of illegal possession in order to steal property secretly.The second part is the legislative regulation of indoor thetf. The thesis briefly introducesthe stipulation of indoor thetf in the extraterritorial legislative ifrst, and then draws thecomparison conclusion via comparing with the stipulation in our own country. The thirdpart of the thesis introduces the composition of the constitution of indoor thetf. Byanalyzing from the object of Indoor theft, the object aspects of indoor thetf, the subject ofcirme，the subjective of aspects of Indoor theft, author further confirms the conditionsrequired of indoor thetf.In the fourth part presents the suspended situation of the indoorthetf. Indoor thetf is intentional cirme，it all in all includes the preparation for crime, thediscontinuance, the accomplishment of crime, the attempt of crime. Author furtherintroduces the expression methods and identification standards of the four differentpatterns by clearly analyzing each pattern.At last，thesis introduces the judicial cognizance of indoor thetf by discussing the threeissues separately, First，how to identify when the following two conditions both occurs,indoor thetf and thetf with weapon. Second, the situation of the concurrence with the2 unlawful intrusion into residence. Third, the transformation of the indoor thetf, so as tobetter distinguishes the difference between indoor thetf and other crime.