Analysis On The Practice Of Burglary In The Household

The May 2011 amendment to the criminal law,"burglary in the household","pick-pocketing" and other new types of larceny convictions,the related theft has a strong deterrent effect,greatly enhance the criminal law on the People's personal,property security and social order protection.However,with regard to the understanding and determination of the new legal concepts,the community has been unable to reach a consensus,and the practice sector has been mixed and influenced to some extent the legal authority.The April 2013 two high judicial interpretation of the burglary in the household,but the practice of various cases of strange,endless,the new situation,new problems still need to be discussed.In addition to the introduction,the conclusion is divided into three parts:The first part,first discusses how to define the burglary,taking the key words"households" as the cut-in point,by analyzing the six meanings of "households" in the Chinese dictionary one by one,the author puts forward that in the context of"burglary in the house",the households should refer to certain places,and then inquire into the legal connotation of burglary in the house,according The normative document sums up the outline of the core concept of the article,that is,the burglary is an illegal purpose to steal property in a particular place.The second part,based on the definition of the concept of burglary,discusses its crime constitution,this paper discusses the problem of understanding differences in four elements,emphatically analyzes the special object of the burglary case in the house,"the right of abode",the cognizance of "households" under several special circumstances,the manifestation of the behavior of "household",and analyzes the subjective factors of the perpetrator.,revealing the intrinsic harmfulness of the theft infringement in the house and the "households" closely related to the property location,expounds the legal characteristics of burglary in the house.The third part,return to the household theft in the practice of difficult problems,combined with previous argumentation,this paper puts forward the author's views and reasons for the crime of burglary and non crime,the attempt,the superposition of counts,and the relationship between crimes,and concludes that the burglary should be treated as the result,and the attempted case is analyzed,Then,the author puts forward the suggestion of non-crime treatment,and forecasts the overlapping cases of larceny in practice,and puts forward an operable coping method.