Analysis Of Controversial Issue Of The "Indoor Theft"

Larceny is a kind of extremely common crime,since the beginning of the era of private ownership,it is the most ancient property crime,and has happened frequently in all dynasties and countries.Since the Criminal Law Amendment(VIII)stipulates that the "Indoor theft" is a new type of theft,the theoretical debate about "Indoor theft" has never stopped.This paper uses the method of theory combining with practice,basing on the case of "Yang stealing bacon indoor",basing on the opinions and on the analysis of the different theories,expounds the author's point of view,in order to provide some suggestions for the judge of similar cases in the future judicial work.This graduation thesis has about 24000 words and can be divided into four parts:The first part is a brief introduction to the case of "Yang stealing bacon indoor",and the disagreement between the theoretical circle and the focus of disputes.In the second part,the author summarizes the jurisprudence analysis of the argument of the first part.Firstly,based on analyzing the evolution of related laws and the investigation on the historical rules of indoor theft,the author studies the development trend of the larceny and explains the reason of indoor theft punishment.In addition,based on the understanding of the meaning of "household" and "invasion",the author proposes determination criteria of"household".Through analyzing whether the "joint tenancy" in the dispute is "household",we can identify the tenement as a "household" when the resident establishes the roommate relations and isolates enclosed space for living place.And then we will discuss the standard of crime of indoor theft.Whether the standard of crime of indoor theft includes the requirement to steal a certain amount of property.According to the relations of articles in criminal law,"huge amount" and "indoor theft" has a parallel relationship.Therefore,the huge amount is the standard of common crime of larceny.In terms to "indoor theft",we can consider it as a whole.So this behavior will constitute a crime.From the perspective of social harmfulness of"indoor theft",the author demonstrates that constituting this crime does not require any amount of money.Based on the analyzing of nature of "indoor theft",the author clarifies the function of amount of money in measurement of penalty of "indoor" crime.In the end,by analyzing the controversial theory of starting and accomplishment standards,for starting standards of indoor theft,the author takes indoor theft as an indivisible whole,holds that into the home is beginning.The author puts forward the theoretical support to it and holds that weshould adopt the out-of-controlling theory because the accomplished offense of indoor theft is the same as conventional larceny.In addition to this,this paper also refers to the argument of the attempted "indoor" punishment in practice.According to the analysis of China's Theft Interpretation in 2013,the author holds that not all "indoor" theft attempts should not be prosecuted for criminal liability but criminal responsibility should be taken only in serious circumstance.In the third part,the author draws a conclusion to this case.Because this paper is a case analysis,the author analyzes the argument in the case of "Yang stealing bacon indoor" with the jurisprudence analysis of the third and second parts and then draws the conclusion of this case.The fourth part is the enlightenment of this case.Based on the analysis and some specific suggestions to standardize judicial work,the author first proposes some improvement suggestions in the related legal provisions and then puts forward some feasible standards on how to identify the "indoor theft" in practice.