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在《刑法修正案(八)》生效以后,入户盗窃行为成立盗窃罪不以数额较大为前提,学界对入户盗窃进行了从新解读。对入户盗窃中的“户”这个规范的构成要件要素的解读,理论界存在争议,对入户盗窃构罪产生影响。综合来看其争议的本质在于对“户”是否应作扩大解释。笔者基于刑法合目的性原则,以结果无价值论为基础,对“户”这规范的构成要件要素进行全面把握,认为入户盗窃入罪是扩大了盗窃罪处罚范围,那对“户”的解释也应当作扩大解释。
After “Criminal Law Amendment (8)” came into effect, the theft of theft has been re-interpreted in the academic community on the premise that the theft of theft does not occur in a large amount. The interpretation of the elements of the norm of “household” in theft of theft has been controversial in theorists and has an impact on the crime of entering the home. On the whole, the essence of its controversy lies in whether “household” should be expanded and explained. Based on the principle of purposiveness of the criminal law, the author comprehensively grasps the elements of the norms of “household ” based on the theory of results without value, and considers that the crime of entering the home is the expansion of the scope of punishment for theft, Household "interpretation should also be expanded explanation.