Study On "Indoor Theft"

Theft in the daily life of high frequency, wide social influence, is a common formof crime. The amendments to the criminal law in China in2011."(eight)" the previouslaw modified the larceny, added three new behavior--a burglary, theft, theft ofcarrying weapon. Now the "criminal law amendment (eight)" has been implementedfor more than three years, and with the April4,2013"two high judicial interpretation"promulgated, which also made the relevant provisions of the crime of theft.In order to further the theft of detailed, in-depth study, the author choose thehouseholds theft as a starting point to comprehensive analysis. Is discussed from thefollowing specific aspects:First chapter on the domestic and foreign related laws and regulations of aburglary (involving China, Taiwan, China, Germany, Japan, India’s law), bycomparing the behavior into sin, the necessity of a burglary.The second chapter is divided into four sections to specific discourse of a burglary. The first section will start from how to recognized household,respectively for the concept of "into" and "family" in detail, to determine whether thesubjective purpose on household with theft deliberately; In the second quarter beganto discuss how to determine the starting point of a burglary attempted andaccomplished and judgment criteria; In the third quarter from sin and the sin of aburglary, consider "but" provisions of the criminal law article13can apply to aburglary, and how to specific applicable problem; The fourth quarter, mainly focus onthe amount of a burglary. Due to a burglary cancelled a large amount of condition ofsin, and some scholars think that the amount of problems become insignificant, butthe author thinks that the amount of attempted and accomplished a burglaryjudgement have a vital role.Third chapter involves the relationship with other crime a burglary, illegalintrusion has been discussed from the crime number shape and others such as burglary,larceny, household robbery crime with lethal weapons involvement between relations,is carried out in accordance with the a crime to punish or combined punishment forseveral crimes.The fourth chapter is the last of the mens rea transformation of a burglary andinto household a burglary robbery case.The author hopes that by four chapters to write the essay, combined with a largenumber of papers and monographs such as the literature material to new modified aburglary crime to be clearly identified, for the behavior may be involved in thecriminal law theory and judicial practice in the case of how. After the criminal lawamendment (eight) issued a burglary in how to effectively regulate a new theft crimehas a certain reference significance. So the author choose this topic to conductresearch and write a thesis is has the very strong practical significance.