浅析入户盗窃型盗窃罪

在过去,入户盗窃的危害性始终未被重视,但随着经济发展,人们户内财产价值日益增高,同时,入户盗窃后被户主发现后转化为暴力型犯罪的情况越来越多,人们对于户内住宅安宁的权利渴望越来越大。2011年,刑法修正案(八)出台,入户盗窃正式以"零数额限制的身份"纳入盗窃罪的入罪标准。但由此对于该情形的司法实践争议也逐渐浮现。从立法背景和司法实践等角度,分析入户盗窃型盗窃罪,是解决争议的有效途径。

On the Crime of Burglaries

]In the past,the danger of the crime of burglaries is not always paid attention to.But with the development of the economic,the value of people indoor property has been increasing. At the same time, the number of cases that burglaries turned into violent crime after being discovered becomes more and more. People desire the right of housing tranquility highly. The Criminal Law Amendment VIII is enacted in 2011. Burglaries legally becomes the conviction standard of the crime of theft. And the controversy of the judicial practice of the burglaries has gradually emerged. The author attempts to analyse it by the point of the legislative background and the judicial practice.