On "Door" Identification In "In-Door Theft

In-Door Theft Behavior has been included in Amendment VIII to Criminal Law, in which the basic counts of larceny have been amended and indoor theft is expressly included in the article of Criminal Law. Indoor theft is a serious harm the social behavior, which behavior not only violated the property rights of citizens, but also infringes on the citizen’s personal right and residential tranquility right."Household" is the place for living, bearing and storing property, it is also a final safeguard for defense against danger. If this place is violated, not only the material lives of citizens are damaged, but also their spiritual lives suffer huge losses, and therefore it should be fully protected by law. Indoor theft written in criminal law is either consistent with the need to maintain national and social normal order or the need for country’s criminal politics. Indoor theft crime is the rule of law in our society progress of national social stability performance, but also actively respond to the voice of the people performance.Indoor theft written in8th Amendment of Criminal Law can effectively satisfy the requirements of public security and punish those who challenge the law personally and have temerity to harm the public order seriously and it fully protect citizens’personal right, the quiet and peaceful right and the right for property. Based on legislative purposes of indoor theft, this article will discuss the definition of "household"."Household" refers to a place where a family live, giving a sense of security for rights protection, relatively isolating from the outside world and blocking others from entering. It has four features:closure, privacy, exclusiveness and housing. Housing is the core feature of "household" as well as the soul of it. Closure is the place character while privacy and exclusiveness is the feature of power. Whether some special places emerging in justice practice should be identified as "household"? This article will also talk about that. Because special places do not have the complete function of daily life just as residential buildings, it is necessary to make a concrete analysis of concrete problems. The writer thinks that it also should be considered from the essence of "household". First, whether the "household" is a place in their daily life? Second, whether the "household" is a place which can provide peace for individual private lives? With the development of society, new forms of "household" may also appear endlessly, the same as to controversy. The writer believes that "household" problems can be solved as long as combined with four features and supplemented by the characteristics of the case itself.