Discussion About Burglary

In recent years,the crime of theft showing a growing trend.It has diverse forms and brings bad influence to the social order.Among them,a burglary both encroaches upon the citizen property safety and infringement of citizens' right of residential hospice.The severity of a burglary is greater than the ordinary theft.In practice,a burglary is easily transformed into robbery,rape and other vicious crimes which violations of human rights.Considering the serious consequence,the 8th Amendment to Criminal Law begins to impose punishment on burglary without the limitation of amount and time.On April 4th,2013,the Explanation to Several Questions Dealing with the Applicable Laws on Theft(2013 Theft Explanation)issued by the supreme people's court and the supreme people's procuratorate gives a clear definition of burglary.But for the definition of a burglary,it still has a lot of controversy.There is large difference of judicial decision in judicial practice.Therefore,the author thinks that it is necessary to discuss the controversial issues.This paper mainly research on the following three aspects: the definition of “enter” and “household” of a burglary,a burglary crime stop shape and the boundaries between burglary and other crimes.The first chapter of this paper is to identify the burglary crime.Firstly,“Into” determination,the legal entering behavior should not be regarded as “into” of a burglary.The subjective intention of “into” should be illegal,but does not require the theft crime intentionally or a deliberate crime,as long as it is generally illegal intent can be ok.The concrete behavior of “into” does not require the physical damage to the house,also does not require the behavior of human body go indoors.On the “household” understanding,the connotation of family life is discussed.The family life is not equal to the lives of family members,and it is not required between the members living together with blood relationship.Family life is not necessarily required for daily life's material living facilities,and does not require continuous residence.Then the paper discussed if the hotel room,the dual-use commercial and residential housing,flat-share room,dormitory can be identified as “household”.Finally,the paper discussed the relationship between burglary and its object.Although the criminal law abolished the larcenous amount limit,but does not represent that a burglary behavior object completely without value.The object of a burglary behavior needs to be valuable belongings.The second chapter mainly discusses the problem of burglary crime stop shape.The author thinks that burglary has the accomplished offense and attempted state,and is the result crime rather than behavioral offence.The article discusses the standard of accomplished crime and the standard of accomplishment of the theft in turn.Through a comparative analysis of above theories,the standard of accomplished larceny is the actual control of the property of the behavior.So the standard of accomplished a burglary is the behavior of people brought out the property from the indoor.The third chapter discusses the difference between the burglary crime,the crime of transformed robbery and the trespass.Burglary and trespass have many different on violations of the law benefits,subjective intention and objective forms.On the relationship between burglary and crime of transformed robbery,the conditions of transformation of a theft to a robbery,the subject of crime should be at least sixteen years old.Secondly,there should be more strictly limited on transformation of burglary to robbery of housebreaking.“On the spot”of violence or the threat of violence behavior should take place indoors.Thus the transformation of burglary to housebreaking robbery were relatively strict limited.