Research On The Discontinuance Formation Of Burglary

The Amendment of the Criminal Law of the People’s Republic of China (Ⅷ) hasprovided a new condemnable standard of burglary active of larceny, it converts the oldprotecting legal interests of burglary to protecting people’s residential safety,which meansprotecting people’s residential safety as important as people’s right of ownership ofproperty and possession. And the authors argue that the protecting legal interests ofburglary focus on protecting people’s right of ownership of property and possession. Basedupon this review, the commencement of burglary should adopt theory of intrusion becauseit shows the protection of people’s residential safety. It is the line of demarcation betweenpreparatory stage discontinuance and implementation stage discontinuance of burglary. Theindividual crime and joint crime discontinuance of commits burglary in preparatory stagecould be divided into two stages, preparation for a crime and before commencement ofburglary. But there’s a difference of the implementation stage discontinuance between theindividual crime and the joint crime of burglary. Individual crime discontinuance ofburglary can means “voluntarily discontinues the crime”, but joint crime discontinuance ofburglary means “voluntarily and effectively prevents the consequences of the crime fromoccurring”. Meanwhile, to give a comprehensive analysis on discontinuance of burglary,this paper has presented adequate discussion on the category division of preparatory stagediscontinuance and implementation stage discontinuance of burglary.