入户盗窃未遂行为符合犯罪的三个基本特征,同时其社会危害性大于单纯的盗窃,也符合非法侵入住宅罪的犯罪构成要件。根据罪刑法定原则,应以非法侵入住宅罪定罪,更能体现刑法的立法原则和精神。 At the same time, the social harmfulness is greater than pure theft, but also complies with the elements of the crime of illegal invasion of residential crime. According to the statutory principle of crime and punishment, it should be convicted of illegally intruding on residential property and better reflect the legislative principles and spirit of criminal law.