Issues Related To Research A Burglary

In the criminal law field, theft has long been recognized as thetypical property crime. And it has been widely edited after theAmendment eight of Criminal Law published.An express provision in thetheft that repeatedly theft, a burglary, theft crime with lethal weapons andpickpockets includs in the scope of the theft right now. From this we cansee, the theft crimes constitute and incriminate standards change greatly.In terms of a burglary,because of the incriminate standards do notinclude the amont of booties arter this edition,so it makes thecriminalizing threshold of theft lower. In the past judicial practice,wethertake a burglary as a crime or not,usually the measuring standard is theamount of booties or how many times the burglary happened or thesubjective and objective aspects of a burglary. By comparing before andafter correction,we can see that law-executor strengthen the linkage protection of citizens’ property and live enviroment and improvedpeoples’ living peaceful protection level.So I think,it is very important toreread the burglary in the Amendment eight of Criminal Law.In this,Iwill explain the law meanings of enter and household, discuss therelationship between entering a household and theft.At the same time,Iresearch the criminal pattern and puzzling issues of a burglary,also I givemy opinion about the problems on the basis of combing constitutiverequirements of objictive aspect of the burglary. My thesis is divided intothe following parts:The first,in order to elaborate the different incriminate standards andsignificances at different times,I take the the legislative background ofthe theft during the time of the latest criminal law,the old one and the oneafter correction as the breakthrough point.The second,I explain the meanings of enter,household and therelationship between entering a household and theft. And on this basis I give a definition of the burglary,it is a behavior that the offender for thepurpose of enter upon a property illegally, using a variety of means andmethods enter the aggrieved person’s household and steal propertysecretly.It’s notable feature is the infringement of the two object of theproperty and peaceful live rights of the citizens’.the offender for thepurpose of enter upon someone else’s property in illegal,and he needknows the booties are other people’s subjectively, enter the aggrievedperson’s household and steal property secretly using illegal methodsobjectively.The third,I discuss the forms of desistance and attempted of crimethrough analyzing when the offender begans to implement.In myopinion,there are two desistance stages,one is preliminary,another isimplement in a burglary.And attempted form also exist in a burglary,andwe should distinguish between accomplished and attempted form of aburglary strictly on the basis of the value of the booties. The last,I consider the puzzled issues related to identify a burglaryas the idea of writing,and discuss the relationship between the behaviorof entering a household and the behavior of intrusion into residentialillegally.At the same time,I also discuss the identified issues about thequestion of a burglary turns into a home invasion robbery,and how tojudge when a new type thefits clashed with others.I hope my study can give some help to identifying issues related toresearch a burglary.