On Intrusion

During the development of human society,the house is the safest, most secret and independent living place.The right to the house shall be fully protected. In China's constitution, the citizens'house right is inviolable. China's present criminal law also has relevant regulations about the trespassed residential sin.Without in-depth research on the protection of the residence right, the present criminal law does not show true value of the residence rights, thus resulting to the insufficient protection of the rights to residence.Besides the preface and conclusion, the thesis has following four parts:The first Part:the status of trespassed residential sin in the criminal law and its research significance. This part mainly introduces the concept and the basic characters of rights to the house and its importance to citizens in our country.The major demonstrations of this insufficient protection are the abuse of public power and the weaknesses of the remedies, which haven't prescribed the relevant regulations on whether the citizens can use their infinite defense right against the trespassed residential sin. But there are relevant regulations in some foreign coutries'criminal laws.The second part: the legislation study about the trespassed residential sin. This part deals with the following aspects: legislation profiles in China; the development of the legislation about the trespassed residential sin in foreign countries, including the profiles about it in the mainland law system and England and America law system; the comparison of the legislation of it in China and that in foreign countries.The third part: Judicial cognizance of the trespassed sin, mainly including two sides: the first is Crime pattern and crime number form about it ; the second is rchtswitrig resistance of the sin.The forth part:the legislation improvement of the trespassed sin .This part first deals with the restriction to the public power and the protection to the citizens'house rights. It deals mainly about the reasons for restricting the public power, the restriction to public power and the division of the public power, that is to say, the Value orientation of the power and power division. Then it expounds the possibilities to put the criminals of the trespassed resitential sin into complaint, and state the law value of the complaint, and analyze reasons for our countrys plans to put the criminal of the trespassed sin into complaint.