论入户盗窃之“户”的界定

Definition of Household in Housebreaking Theft

《刑法修正案(八)》对盗窃罪做出修改,将"入户盗窃"行为规定为盗窃罪的特殊类型,导致盗窃罪原有的保护法益产生变化。同时,刑法中并未对"户"的概念进行清晰明确的定义,在实践中也产生一些"入户盗窃"认定的难题。因此,有必要对"入户盗窃"侵害法益进行新的探究,应基于法益保护目的,对"户"的内涵加以明晰,对"户"与住宅、室进行区分,要在明确"户"的功能特征与场所特征的前提下,对"户"的范围进行界定。基于新的探究",入户盗窃"的"户"应该界定为供他人生活起居的场所。

The Criminal Law Amendment VIII amended the crime of theft, defining the housebreaking theft as a spe- cial type of theft, which led to changes in the original legal interests protection. At the same time, the concept of“house-hold”has not been clearly defined in the criminal law, resulting , some problems of housebreaking theft in practice. There-fore, it is necessary to conduct a new inquiry into the benefits infringement of housebreaking theft. The content of household should be clarified based on the purpose of legal protection, and the distinction between households and houses and rooms should be clearly defined. Under the premise of functional characteristics and site characteristics, the scope of households is defined. Based on the new inquiry, the household in housebreaking theft should be defined as a place for people to live.