On Illegal Trespass Upon The Residence

No one can trespass on people's residence at will for its holiness. The people's residence is the core location of people's living and rest, so its safety is closely related with people's freedom and privacy as well as the stability and comity of society. As the protection of people's residence means the protection of their basic rights, so a lot of countries in the world including China regulate the action of trespassing people's residence as crime. Chinese criminal code has a simple provision for the trespass upon the residence so that many problems has produced in the process of judicature, such as how to define the subject of crime and how to define the range of people's residence as well as the quality of trespass action. If the problems mentioned above can be solved, there is the high probability of damningness and measurement of punishments. The problems mentioned above are discussed in this article in order to produce positive effect of criminal theory and criminal judicature. This article can be divided into four chapters. The first chapter introduces the regulation of trespass upon the residence of ancient China criminal law and present fremdness criminal law. In this chapter the author gets a conclusion by comparison which can be used for reference by China; the second chapter discourses on the object of crime of trespass upon the residence. The author advances the theory of object of crime of trespass upon the residence by comparing different theories and different legal provisions of trespass upon the residence. The author considers that the object of crime of trespass upon residence should be summarized as the theory of objective trespass upon residence. The third chapter discourses on the definition and law character of residence. The author discourses on the law character of residence form seven aspects including function, establishment, physics property, possession quality, time, law status and utilizing status. The fourth chapter discourses on the character of illegal action and permission right. The author also discourses on the status of illegal action and permission right.