On The Objective Aspects Of The Crime Of Illegal Encroachment

As the core site of the citizen's residence and relaxation, the security of the domicile is directly related with the protection of their right to liberty and privacy. it also directly influences the stability and solidarity of our society. although there is an express provision on the crime of illegal encroachment in current criminal law, the regulation is too oversimplified to be put into practice. particularly, the prescription of the objective aspects of the crime of illegal encroachment is next to blank.The crime of illegal encroachment is characteristic of the behavior of compulsive intrusion of a domicile without the consent of the householder and the bases of law or infringing the provisions, and refusing to retreat when the householder requires. the illegal aspects of this crime refer to violation of substantive law or procedural law, or disobedience to the public order and good customs, practically or morally. the consequence might be relatively serious when the public servants, especially judicial personnel's commit this crime, and this mostly related with the violation of the procedure. at the same time, we must distinguish the crime of illegal encroachment from the entrance of others' domicile in order to exercise the duties of office or as an emergency measure. the behavior of intrusion not only refers to entrance from outside to inside, which is just a form of ingression. it also involves the rejection to retreat when the householder requires. the behaviors of ingression should be interpreted into the positive actions as well as the passive ones. the traditional ingression only indicates the entrance of the body. however, with the development of our society, the crime also refers to the behavior of detecting others' domicile by means of althorn, detectaphone, which affects their right to peace of inhabitance. domicile is a relatively isolated place which contains certain daily equipments and is used for continuous residence. with the development of our society. there are certain phenomena of taking the hotel as home, renting house for dwelling, and brutal removal. the illegal ingression into these places also should be included in this crime. the householder here generally refers to those who live in the very place. judicial persons should not be included in the subject of this crime.