A Study On The Determination Of Crime Of Illegal Intrusion Housing And Its System Improvement

House, in the definition of law is for the family daily life, where outsiders may not arbitrarily into the enclosed space. This is not only a cold property, or carrying the hopes of people for peaceful life, therefore, the law must be high att ention and protection of the citizens’ "residential peace". In recent years, with pe ople’s increasingly rich material conditions, people pay more attention to their pe rsonal rights and democratic rights. Therefore, the "house",such a special propert y, containing "privacy", "security", "freedom", and many other visions, appeals to the higher protection.“The constitution of the People’s Republic of China" stipulated in article 39: "The home of citizens of the People’s Republic of China is inviolable. It is prohibited to illegally search or intrusion into a citizen’s house". It puts forward clear requirements to protect citizen’s residence from the height of the fundamen tal law.“The criminal law of the People’s Republic of China” stipulated in article 245:” Unlawful search of others body, houses, or instruction into others’ ho uses, shall be sentenced to fixed-term imprisonment of not more than three yea rs or criminal detention. The judicial personnel, who abuse their power and com mits the crime, shall be given a heavier punishment.“It embodies the will of the constitution to the criminal law for more string ent protection of "residence rights in the form of criminal punishment". And thi s law belongs to criminal law, in the chapter of "the crime of infringing upon th e citizen personal rights, democratic rights", which reflects the act of intention is not to protect the residence property, but to protect the personal right of “resid ential peace”.However, because of the lack of more detailed rules, criminal law protectio n of “residential peace” is short of systematic theoretical basis, which leads to difficult application and practice of this article. And it is unable to effectively protect the rights; therefore, it needs to provide a theoretical guidance to increas e the basis of judicial practice. In reality, in the aspect of illegally entering, the response of the criminal law in the face of all kinds of complicated situations, such as rights consciousness, or contradictory conflict, is lack of detailed answers.Law is the moral bottom line, and it is more serious to violate the criminal law. To perfect the protection of “residential peace” of the criminal law.It need s to be combined with other department law regulation to enrich framework;it needs to be combined with juridical practice on the building of law basis, t hrough the guidance and typical cases to strengthen the maneuver practice on the building of law basis, through the guidance and typical cases to strength en the maneuverability of the law.