On The Identification Of Burglary

The promulgation and implementation of the eighth amendment to the criminal law makes "household theft" independent of the number and amount of the crime,and provides legal authority to prevent and punish the various and rampant theft.But,due to the abstraction inherent law itself,legal community hold different opinions to the subjective and objective aspects of the constitutive requirements of crime,conversion and the number of" a burglary" in practice.This paper summarizes the legislation and judicial status of" a burglary" in China,and probes into the legislation of " a burglary" in foreign countries and analyzes the references.The location of the crime which is the objective aspect of "a burglary",the "household" and the purpose of entering the " household",the crime forms of" a burglary",namely preparation,attempted and accomplished and the conversion of "a burglary" are the important issues of the recognition of" a burglary ".For example,the author believes that the "household" in household theft should include a community member who has been closely related to each other and has a long-term relationship with each other and feels safe with each other.The function should be limited to living in daily life,and must be satisfied.Closed,community members can freely carry out the requirements of private activities;the purpose of entering the household in theft should be illegal,but not limited to the purpose of theft,and the way of entering the household is illegal;The beginning of the burglary begins with the perpetrator's "destruction" of the door.This Paper,based on "a burglary" issue,is in order to be able to let us have more comprehensive and accurate understanding of "a burglary" and guide judicial practice to deal with "a burglary case fairly and equitably.