An Analysis Of Burglary In China’s Criminal Law

Burglary is a kind of common crime.Due to the dual legal interests have been andthe potential threat to person, burglary becomes the important regulating object ofcriminal law.In order to reduce the threshold of burglary and protect the rights ofcitizens’ property, peace life,and health,criminal law amendment eight in2011rulesfor a special type of theft and cancels the amount of requirements, but there is nospecific legislation to explain the concept of burglary and to identify it.In order tofacilitate the operation of the judicial practice, in April,2013, the Supreme People’scourt and the Supreme People’s Procurator-ate judicial interpret and applicate for theftcriminal cases to explain some issues of applicable law,which has carried on thesimple concept of burglary and explain it clearly illegal for their family life, relativeisolation with the outside of home theft, shall be deemed to be a burglary.Burglaryinfringes double benefits,namely the right of property rights and the residences’peace. Household lives, privacy certificate, stability and exclusiveness are the fourcharacteristics of family, among them, the furniture sexual life and privacy certificateoccupies are the core status.Some special private residence and publicaccommodations, such as residents corridor and the yard, the residential complexplace, warehouse on the purpose of illegal buildings and dormitories, hotels, etc,ifthey under special circumstances and meet the four characteristics of the family canalso be identified as families.Households is a prerequisite for the larceny behavior andhousehold must be illegal. Illegal entry includes mild methods and also includedestructive means, but legal household to theft cannot form burglary.Because there isno damage to the house of peaceful right.It does not require a subjective clarityhousehold purpose, only require the implementation of general illegal behaviorintention.Burglary belongs to a special type of larceny, still has amount of therequest.The object of burglary which criminal law protect are valuable possessions,including subjective and objective value. According to Japan in the theoretical circleof criminal law punishable illegality theory, not all of the theft can be into thecrime.Based on the theory of culpable illegality,comprehensive consideration ofcriminal lawthe provisions of article13the Salvo, and we will find burglary need tosatisfy two conditions:firstly wrongdoing must have legal interests beviolated,secondly wrongdoing of legal interests violation should reach a certaindegree.Burglary and illegal intrusion into residential have significant differences in subjective and objective aspects,but there is a transformation of the relationshipbetween home and robbed. Burglary should not make the break as the standard, butshould make the start looking for property as the standard.Basis on the exactdefinition of family, home and punishable illegality in theory with limiting the scopeof burglary establishment, it’s important for the judicial practice to identify the crimein the charges.