The judicial interpretation of burglary is like this. In order to punish the criminal activities of theft according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of theft cases are explained as follows: Article 1 According to the provisions of Article 264 of the Criminal Law, the act of secretly stealing a large amount of public or private property or stealing public or private property for many times for the purpose of illegal possession constitutes theft. (a) the amount of theft refers to the amount of public and private property stolen by the actor. (two) attempted theft, if the circumstances are serious, such as a huge amount of property or precious national cultural relics as the target of theft, should be convicted and punished. (3) Stolen public and private property, including electricity, gas and natural gas. (4) Stealing the property of one's own family or the property of a close relative is generally not treated as a crime; If it is really necessary to investigate criminal responsibility, the punishment should also be different from that of those who commit crimes in society. Article 2 "For the purpose of making profits" as stipulated in Article 265 of the Criminal Law refers to the act of seeking economic benefits for sale, lease, personal use, transfer, etc. Article 3 The criteria for stealing public or private property are as follows: (1) If an individual steals public or private property with a value of 5 yuan to 2, yuan or more, it is a large amount. (two) personal theft of public or private property worth 5 thousand yuan to 2 thousand yuan, as a "huge amount." (three) personal theft of public or private property worth more than 3 thousand yuan to 1 thousand yuan, as a "particularly huge amount." The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and taking into account the social security situation, determine the standards of "large amount", "huge amount" and "especially huge amount" implemented in their respective regions within the range of the amount specified in the preceding paragraph. Article 4 Whoever commits burglary or pickpocketing in public places for more than three times within one year shall be deemed as "multiple thefts" and shall be convicted and punished for theft. Article 5 The amount of stolen goods shall be calculated according to the following methods: (1) The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it should be calculated in RMB according to the price of similar goods at the time of the crime and in the local area, and according to the following nuclear price methods: 1. Commodities in the circulation field should be calculated at the middle price of the market retail price; Belong to state price, according to the calculation of state price; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price. 2. For products in the production field, the finished products shall be calculated according to the method specified in this item bis; Semi-finished products are converted according to the price of finished products. 3 units and citizens' means of production, means of subsistence and other items shall be calculated at the purchase price in principle, but if the market price at the time of committing the crime is higher than the original purchase price, it shall be calculated at the middle price of the market price at that time. 4. Agricultural and sideline products are calculated at the medium price of similar products in the farmers' market. Large livestock, according to the medium price of similar large livestock in the trading market. 5. The import and export of goods and articles shall be calculated according to the method specified in item 1 of this item. 6 gold, silver, jewelry and other handicrafts, according to the retail price of state-owned stores; If the state-owned stores are not sold, they shall be calculated according to the price approved by the competent department of the state. Gold and silver are calculated in state price. 7. Foreign currency shall be calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of theft. 8. General cultural relics that do not belong to the collection of Grade III or above, including antiques and Gu Shuhua, shall be calculated according to the general retail price of state-owned cultural relics shops or the price approved by the national cultural relics department. 9. For the purpose of making profits, stealing other people's communication lines and copying other people's telecom code numbers, the amount of theft is calculated according to the telephone installation fee and mobile phone access fee stipulated by the local post and telecommunications department; If the amount of stolen goods is higher than the telephone installation fee and mobile phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The amount of stolen goods of mobile phones is calculated by subtracting the cost of bare metal. 1 knowing that it is used by stealing other people's communication lines and copying other people's telecommunications equipment and facilities, the amount of theft is calculated according to the telephone bill paid by the legitimate user. If the amount of theft cannot be directly confirmed, it shall be calculated by subtracting the average telephone charges for the six months before being copied from the monthly payment amount of the telecommunication equipment and facilities of the legitimate users after being stolen and copied; If the legal users have used telecommunication equipment and facilities for less than 6 months, the monthly average telephone charges actually used shall be calculated. 11. Stealing other people's communication lines for their own use, the amount of theft shall be calculated according to the provisions of 1 of this item; If you copy the telecommunication code number of others for your own use, the amount of theft shall be calculated cumulatively according to the amount of theft specified in 9 and 1 of this item. (2) Valuable payment vouchers, negotiable securities and negotiable instruments shall be calculated according to the following methods: 1. Valuable payment vouchers, negotiable securities and negotiable instruments that are bearer and not reported for loss, regardless of whether they can be cashed immediately, shall be calculated according to the face value and the available income such as interest, bonus or prize due at the time of the crime. The stock is calculated according to the average transaction price of the stock announced by the stock exchange on the day of theft. 2. Registered negotiable payment vouchers, negotiable securities and negotiable instruments, if the par value is fixed and can be cashed immediately, such as current passbook, expired fixed passbook and cheque with the amount filled in, and bill of lading that can pick up the goods without proof procedures, shall be calculated according to the par value and the interest due at the time of the crime or the value of the goods that can be picked up. If the face value is undetermined, but it has been cashed, it shall be calculated according to the actual cashed property value; If it has not been cashed, it can be used as the plot of conviction and sentencing. If the registered payment vouchers, negotiable securities, negotiable instruments that cannot be cashed immediately or the negotiable payment vouchers, negotiable instruments and negotiable instruments that can be cashed immediately have been destroyed and discarded, and the owner can avoid the actual loss by reporting the loss, replacing it or completing the formalities, the par value is not used as the standard of conviction and sentencing, but it can be used as the plot of conviction and sentencing. (3) Collectables and souvenirs such as stamps and commemorative coins shall be calculated at the prices approved by the relevant state departments. (four) the same kind of bulk stolen goods, the owner bought at a variety of prices, can distinguish, respectively; If it is difficult to distinguish, it shall be calculated according to the medium price of such goods. (5) If the stolen goods have been stolen, squandered, discarded or destroyed, and cannot be recovered or changed hands several times, and the original form has been destroyed, the value of the original stolen goods shall be determined according to the statements and testimonies of the owner and witnesses, the valid vouchers provided and the confession of the defendant, according to the method of checking the price specified in Item (1) of this article. (six) the goods purchased by the owner at a price significantly lower than the retail price of the local market at the time of theft shall be calculated according to the nuclear price method specified in Item (1) of this article. (seven) if the amount of stolen goods is higher than the amount of theft calculated according to this interpretation, the amount of theft shall be calculated according to the amount of stolen goods. (eight) theft of contraband, as theft, regardless of the amount, according to the seriousness of the sentence. (9) If the price of stolen goods is unknown or difficult to determine, it shall be appraised by a designated appraisal agency according to the provisions of the Administrative Measures for the Appraisal of Seizured, Recovered and Confiscated Goods issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. (1) The stolen goods that are obsolete, damaged or used shall be handled in accordance with the provisions of Item (9) of this article in combination with the price of similar goods at the time of committing the crime and the degree of obsolescence at the time of theft. (eleven) defective products, according to the price approved by the competent department; Waste products are calculated according to the purchase price of the material recycling department; Fake and inferior goods, valuable, shall be handled in accordance with the provisions of Item (9) of this article, and calculated at actual value. (12) If multiple thefts constitute a crime and should be prosecuted according to law, or if the last theft constitutes a crime and the previous theft is within one year, the amount of theft shall be accumulated. (12) If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss can be used as the circumstances of sentencing. Article 6 In the trial of a theft case, the circumstances of the theft shall be determined according to the specific circumstances of the case: (1) Theft of public or private property is close to the starting point of "relatively large amount", and criminal responsibility may be investigated under any of the following circumstances: (1) Theft by destructive means causes losses to public or private property; 2. Stealing the property of the disabled, the widowed elderly or the disabled; 3. Causing serious consequences or having other bad circumstances. (2) Although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and one of the following circumstances exists, it may not be treated as a crime: 1. A minor who has reached the age of 16 but is under the age of 18 commits a crime; 2. All returned stolen goods and compensation; 3. Voluntary surrender; 4. Being coerced into taking part in theft activities, without sharing the stolen goods or getting less stolen goods; 5. Other circumstances are minor and harmless. (3) If the amount of theft reaches the starting point of "a large amount" or "a huge amount" and has one of the following circumstances, it can be identified as "other serious circumstances" or "other particularly serious circumstances" respectively: 1. The ringleader of a criminal group or the principal with serious circumstances in the same crime; 2. Theft of financial institutions; 3. The escaping crime is seriously harmful; 4. recidivism; 5. Causing the death, mental disorder or other serious consequences of the victim; 6. Stealing disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, causing serious consequences; 7. Stealing the means of production, which seriously affects production; 8. Causing other heavy losses. Article 7 In the trial of criminal cases involving theft, the defendants shall be dealt with separately according to the specific circumstances of the case: (1) The ringleaders of criminal groups shall be punished according to the total amount of group theft. (2) The other principal offenders in the joint crime shall be punished according to the amount of the joint theft that they participated in or organized or directed. (3) The range of sentencing shall be determined according to the amount of * * * accomplice theft, and the punishment shall be given a lighter or mitigated punishment or exempted in accordance with the provisions of the second paragraph of Article 27 of the Criminal Law. Article 8 "Theft of financial institutions" as stipulated in Article 264 of the Criminal Law refers to the theft of financial institutions' operating funds, securities and customers' funds, such as depositors' deposits, bonds and other money and materials, settlement funds and stocks of enterprises, excluding the theft of financial institutions' office supplies, means of transportation and other property. Article 9 Whoever steals third-class national cultural relics shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever steals national second-class cultural relics shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever steals national first-class cultural relics shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Whoever steals cultural relics of different grades above Grade III in a case shall be punished according to the sentencing range of high-grade cultural relics stolen; Whoever steals more than three cultural relics at the same level in a case shall be punished according to the sentencing range of stealing cultural relics at a higher level. Article 264 of the Criminal Law stipulates that "the theft of precious cultural relics is serious" mainly refers to the damage and loss caused by the theft of national first-class cultural relics, which cannot be recovered; Stealing more than three national second-class cultural relics or stealing more than one national first-class cultural relics, and having one of the circumstances specified in Items 1, 3, 4 and 8 of Item (3) of Article 6 of this Interpretation. Article 1 According to the third paragraph of Article 196 of the Criminal Law, anyone who steals a credit card and uses it shall be convicted and punished for theft. The amount of theft shall be determined according to the amount used by the perpetrator after stealing the credit card. Article 11 According to the first paragraph of Article 21 of the Criminal Law, whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be convicted and punished for theft. Stealing more than twenty-five copies of the above invoices is a "large amount"; If the number is more than 25 copies, it is "a huge amount"; If the number is more than 5 copies, it is "extremely huge". (1) Whoever steals radio and television facilities or public telecommunication facilities with little value but constitutes a crime endangering public security shall be convicted and punished in accordance with the provisions of Article 124 of the Criminal Law; If the theft of radio and television facilities and public telecommunication facilities simultaneously constitutes a crime of theft and destruction of radio and television facilities and public telecommunication facilities, one of them shall be punished as a felony. (2) Whoever steals electrical equipment in use, which at the same time constitutes the crime of theft and destruction of electrical equipment, shall be punished with a felony. (3) If a motor vehicle is used as a criminal tool for stealing other property, the value of the stolen motor vehicle shall be counted as the amount of theft; Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished for theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. When the criminal tools are used, the stolen motor vehicle is returned to its original place or parked near its original place. If the vehicle is not lost, it shall be given a heavier punishment according to the crime it committed. (4) Whoever steals a motor vehicle several times for the purpose of practicing driving and having fun, and loses the motor vehicle, shall be convicted and punished for theft; If a traffic accident occurs in the process of stealing a motor vehicle, which constitutes a crime and other crimes, it shall be punished for several crimes in combination with the crime of traffic accident and other crimes; Whoever steals a motor vehicle and causes damage to the vehicle shall be convicted and punished in accordance with the provisions of Article 275 of the Criminal Law; Occasionally stealing a motor vehicle, if the circumstances are minor, may not be considered a crime. (5) Whoever commits a crime of theft and causes damage to public or private property shall be given a heavier punishment for theft; If it constitutes another crime, choose a felony and be given a heavier punishment; Stealing public or private property does not constitute theft, but if a large amount of public or private property is damaged by destructive means, it shall be convicted and punished for the crime of intentionally destroying property. If, after theft, public or private property is intentionally destroyed to cover up theft or revenge, which constitutes a crime, the crime of theft and other crimes shall be punished with several crimes. (6) Whoever steals commercial secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law. Article 13 A criminal thief who should be fined according to law should be fined at 1, yuan, which is less than twice the amount of K theft; For criminals who should be fined according to law, but there is no amount of theft or the amount of theft cannot be calculated, they should be fined between 1, yuan and 1, yuan. Legal objectivity:

Burglary refers to the act of entering other people's homes that are relatively isolated from the outside world for the purpose of theft.