Discussion About Burglary

In the 8th Amendment to Criminal Law of the People’s Republic of China, burglary is defined as an independent type of larceny without the restrictions of amount and frequency. It is very essential because burglary not only infracts people’s property right but also infracts people’s personal safety and residential safety. However, after the modification of larceny, there are so many different opinions about criminal theories, and in the judicial practice, there is also considerable confusion about the identification of burglary. In this context, I do some discussion about burglary based on the research of predecessors.In addition to the introduction and conclusion, the text is divided into four chapters:The first part is the definition of household. Firstly, I briefly introduce the residential culture and legislation about household in foreign countries and china, and make some comparisons between them. Secondly, according to the existing laws and theories, I explain the concept and characteristics of household. Then I analyze several special places related to household.The second chapter is the identification of entering a household. This chapter includes subjective evaluations, objective characteristics and comparisons about entering a household between burglary and other criminal behaviors.The third chapter discusses two theoretical issues about burglary: the relation of entering a household and theft, and patterns of crime about burglary. The first issue explains the nature of entering a household and the relationship with theft. The second issue is about four suspended situations of burglary, including the accomplishment of crime, the preparation for crime, the attempted state of crime, and the discontinuance of crime.The fourth chapter discusses the judicial determination when burglary and other crimes are crossed. In this chapter, I explore the concurrence of burglary and illegal housebreaking, conversion issues about burglary and cross-relationship between burglary and other objective behaviors of larceny.