Judicial Identification Of Burglary

In recent years,the number of property crimes in all kinds of crimes is high,especially the type of burglary into the house,because of the high privacy of this kind of theft,the actor often in the night to steal,into the house if the owner found,in order to resist arrest often converted into robbery,extremely dangerous.This kind of behavior not only infringes the citizen's property right,but also infringes the citizen's residential peace right,causes people's panic greatly.Therefore,in 2011,China issued the amendment to the criminal law(?),which criminalized housebreaking theft as a special case of larceny.This amendment caused widespread controversy in the academic and theoretical circles.It has been nearly 10 years since the promulgation of the criminal law amendment(?),and the theoretical level and practical experience have been improved to a great extent.At the same time,it has also triggered the in-depth discussion and research on the problem of housebreaking theft in the theoretical and academic circles.The author of the current theoretical and academic dispute issues are analyzed,mainly have the following points:first of all,the definition of the "household" in the burglary,as well as the theoretical point of view and in practice for hotels,tents,rv such a special case is defined as the household is analyzed and demonstrated.Second,the household behavior and the relationship between theft,belongs to combination of crime,involved crime or absorption crime such as views are analyzed,based on the discussion with other illegal purposes(such as homicide,rape,etc.)to improvise and theft,deception type door after door to improvise theft is regarded as a burglary,and then put forward its own views.Thirdly,the identification of the form of accomplished housebreaking theft,the main differences on the issue of whether accomplished housebreaking theft is a result or a behavior.For some special cases of theft in the end,the main understanding,such as can be converted into a burglary household robbery,carrying a weapon,a burglary many times such two kinds of situations exist a burglary convicted and punished problems are analyzed,and hope to be able to better solve the problem of the dispute about a burglary,do it with connection,safeguard judicial authority and unity of the.