入户盗窃作为刑法新增的入罪情形,司法实践中的处理经常遇到对于该类犯罪既未遂状态的界定。对于该类犯罪,应结合其侵犯的双重客体——他人财物安全及人身安宁,对于其既未遂状态作有别于传统盗窃犯罪的区分,不应仅仅以是否实际取得财物为划分既未遂的标准,而是应该按照其是否实际侵犯了财物及人身安宁为区分依据。 Household theft As a new criminal case, the handling of judicial practice often encounters the definition of an unsuccessful state for such crimes. For such a crime, it should be combined with its double object of infringement - the safety of property and other people’s personal safety and the tranquility of its own attempt to make a difference from the traditional crime of theft, should not be based solely on whether the actual acquisition of property as an attempt to split the standard , But should be based on whether it actually infringed upon the property and the peace of person.