Research On Indoor Theft And Related Issues

It has nearly been five years’ time since indoor theft was revised into “Criminal Law Amendment(8) ”. Although significant achievements both in theories and practices have been made, controversial questions continuously grow and therefore need more hard work.Chapter one is an introduction to indoor theft. Section one makes comparison of indoor theft in and out of China. Section two discusses what legal interest(s) indoor theft infringes. The author considers that the revision of indoor theft into Criminal Law reflects that the density of criminal law “net” increases. There are differences between domestic and foreign criminal law legislation in the pattern of conviction and sentencing and the range of “indoor”. Indoor theft merely infringes property rights. The act of theft contains the act of invasion and they are the indivisible entirety.Chapter two focuses on identification of indoor theft. Section one introduces the range of “indoor”. Section two identifies “invasion”. Section three discusses criminal pattern of indoor theft, focusing on “putting one’s hand on” and accomplished offense. The author considers that the construction of “indoor” should refer to the theory of “nature of residence” in order to more strongly protect safety of residential property. The estimate of invasion methods should turn into the constitutive elements of a crime rather than the facial patter. Invasion purpose is not limited to theft but to the crimes with the purpose of illegal possession. Breaking windows or doors means “putting one’s hand on”. Indoor theft is a consequential offense and the accomplishment of indoor theft is control of property. Criminal Law 13 th is applicable to indoor theft.Chapter three makes comparisons of indoor theft and with other types of theft and other offenses. Section one analyzes overlap of indoor theft and other types of theft such as relatively large amount, several times and carrying on lethal weapon. Section two compares indoor theft with other offenses in Criminal Law, which includes illegal invasion of residential and transformed robbery. The author considers that the overlap of indoor theft and other types of theft is complicated and needs more research. The attempt of indoor theft might be treated as illegal invasion of residence, however, the identification should be carried out under the principle of the unity of subjectivity and objectivity. Indoor theft transfers into robbery indoor should be considered as robbery rather than indoor robbery.The purpose of the thesis is to seek for solutions or some thoughts of indoor theft theoretically and practically. The basis of the thesis is to balance protection of property rights and maintenance of modesty of Criminal Law.