A Discussion About The Definition And Application Of Crime Of Housebreaking

Residence is human fundamental living place. It is our private stronghold. It guarantees us to make arrangements for our living by the way which is apply with our culture, technical ability, demand and expectations. It is our most safe, hidden, independent private living place. It is an indispensable protective screen for our freedom, private, property and so on. It is also our peaceful home full of tender feelings. As our habitat, residence has been protected specially from the old days, and thus it becomes stronghold independent of society. From contemporary age, the right of residence has become one of universal human rights. With the respecting and protection of human rights stipulated in constitution, people realized the inviolability of residence. People pay more and more attention to the behavior of unlawfully intrusion into another person's residence, realizing its criminal illegality and punishmentity. The establishment of crime of housebreaking is an inevitable outcome of the human civilization development and social advancement. Nowadays this crime has been written into many countries' criminal codes. In company with inviolability of citizen's lawful private property, they constitute an important part of human rights protection in constitution. In a word, this crime established in criminal law has a profound political, historical and cultural background, which also has an necessary and scientific nature. This article tries to explore the history development and the definition of crime of housebreaking, compare law- regulations of civil law country with those of common law country, analyze the four constitutive conditions of crime of housebreaking, and discuss our opinion and application.