Research Of Burglary Related To Article 264 Of The Criminal Law

Burglary is a very common crime behaviour in social life.The eighth Amendment to the Criminal Law of the People's Republic of China regulates burglary as a special type of larceny separately and separates it from ordinary theft.Its legislative purpose is to better regulate such behaviour.This paper chooses burglary as the research object,through the literature analysis method,the case analysis method,the logic analysis method and so on,detailed analysis enters the household theft to face the difficult questions of the concrete judicial application,and put forward some suggestions for the identification of burglary in judicial practice.The first part is the introduction part,briefly introduces the research background and research significance,and combs the current situation of the research on burglary in recent years,so as to further clarify the focus on burglary and lay the foundation for the overall research.The second part is the basic theory explanation,the main content includes the basic concept of "household" under the criminal law context,and emphatically analyzes the specific "household "."Access to households" must meet the characteristics of illegality.In addition,the premise of the establishment of burglary is to enter other households,in this part,the scope of other households is analyzed,so as to effectively identify the scope of burglary.In the third part,it focuses on the stop form of burglary.The cessation form of intentional crime includes preparation form,attempted form,suspension form and achieved form.In this part,it analyzes the identification of the four stop forms of burglary respectively,focusing on the practice of burglary and the standard of judgment.In the fourth part,it analyzes in detail the problem of identifying the concurrence of burglary and other special types in judicial practice.It should be clear that burglary is consequential offense.Therefore,it is also necessary to consider the amount of the perpetrator's theft,in the case of a large amount of theft into the household as the circumstances for adjudication,and a large amount as the sentencing circumstances.The burglary of carrying the murder weapon also conforms to the special behavior type of the two kinds of larceny crime.at the same time,it can take the burglary as the circumstances for adjudication,and the carrying the murder weapon is the sentencing circumstance.The difficult problem of identifying multiple burglaries lies in the understanding of "one time ",which needs to be closely combined with the relevant provisions of the judicial interpretation of " multiple robberies ",so it is not appropriate to expand the interpretation of "frequency" and avoid undermining the principle of equilibrium of crime and punishment in criminal law.In the fifth part,it mainly analyzes the two situations of the transformation from burglary to robbery,In the first case,it is satisfied that under the transformational robbery of article 269 of the criminal law,the burglary is converted into the ordinary crime of robbery;in the second case,the burglary is transformed into the robbery of the household,which is applicable to the situation of aggravating the punishment of the law for the crime of robbery in article 263 of the criminal law of our country.This study focuses on the subjective and objective conditions to be satisfied for the establishment of the two transformations,and also points out that the repeated evaluation of "entering the household" should be avoided.