Research On The Implementation Of The Constitutional Residential Infringement Clause

The concept of housing,which originated in ancient times,is still expanding day by day.With the development of society,the scope and function of the house gradually evolved into the dual guarantee of the material and spiritual life of the citizens.The deeper connotation also focuses on resisting the illegal interference of public power and safeguarding the rights of the private public.China has been a hospitable nation since ancient times,and all come from tourists.However,with the changes in social development,the relationship between people is different.The crimes caused by intrusion into housing have increased dramatically.The illegal activities of housing or media will cause different degrees of damage and damage to the personal and property life in the house;more importantly,once the house loses the protective barrier,it will make the majority of the residents feel peaceful.Lost.With the maturity of the development of social legal system,the right to privacy and personal rights,such as personal privacy and tranquility,has become more and more important.The rights related to housing are also a very important part.Therefore,how to protect the constitution and criminal law of all countries in the world Citizens and residents have a series of regulations on the rights of housing.In view of this,this article will focus on the constitutional text and its implementation status,from the following aspects.1.Legal protection of the constitutional residence protection clause.According to the provisions of the current Constitution,China has initiated legislative activities through a series of laws,including civil law,criminal law and administrative law,toprovide specific legal protection for the right of citizens to live without infringement.Through appropriate case studies and comparative studies,we will discuss the above three aspects in order to glimpse the current status of housing rights under the protection of existing provisions in China.Second,the connotation of the constitutional residential protection clause.From the perspective of Chinese and foreign history,it studies and analyzes the origin of the protection of Chinese and foreign housing rights,and understands the basic theories,legal status and rights of the rights of the house.Based on the housing protection clauses in the constitutions of the world,the study of the right of the world to inviolate the right of housing is based on the constitution of our country and the provisions of the criminal law itself.Starting from the provisions of the Constitution and the Criminal Law,combined with the status quo of law enforcement,we have made a detailed study on the definition of "residential" and "household" in order to better combine theory with practice and implement the implementation of the non-infringement clause.Third,the change of the right of the residential infringement in China and the status quo.From combing the historical changes of the founding of New China to reduce the infringement of the constitutional provisions,we found that the value considerations reflected in the changes of this article in our country changed from a single right to a compound right.The deep reason behind it.In addition,as far as the problems still exist in the implementation of the current provisions,the root causes of the infringement clauses of the houses are analyzed.For example,based on China's socialist system,unlike the sacred supremacy of private property in the capitalist system,it is impossible to fully realize the infinite defense right of higher public attention;in the administrative actions of land expropriation and demolition that are more prominent in social disputes,Neglecting the protection of various rights of people in the house,causing public power to infringe on private rights,thus triggering a series of social disputes.Fourth,guarantee the implementation of residential non-infringement provisions.Drawing on the idea of improving the implementation of the non-infringement provisions of the residence,the application of the Constitution in the judicial process,the right to private relief.The infringement of citizen residences,in addition to the national public power,also has indirect effects among citizens.The residential violations between citizens need more private relief actions to solve,or more rely onthe power of criminal justice to be properly resolved.Carding can improve the path that the terms can be implemented.As far as possible,we should start from the aspects of laws and regulations,safeguard procedures,and so on,and improve the relief path of rights.5.Reasons for the illegal intrusion into the house.In addition to all residential infringement provisions,there are some reasons that can prevent the violation from being established,such as consent,emergency hedging,etc.In addition,the purpose,basis,procedure,and legitimacy of public power to implement administrative actions by means of “intrusion into the house” are subject to value considerations.For example,in the public opinion,the administrative power is given by law,and under normal circumstances,the administration The subject must follow the principle of“cannot be based on no power”.At the same time,in the process of exercising public power,the rights related to housing should be valued,and various administrative acts authorized by law should be implemented.In the process of practice,it is necessary to keep a short-sightedness.The content and essence of administrative law enforcement should be understood from different aspects.This is of great significance for promoting the administrative body to act in accordance with the law and enhance the seriousness and authority of the administration.