On The Criminal Law Of The Citizens' Right To Housing, Especially Protection

Residence is the place to live and exist, moreover the paradise of warmth and peace. As an inhabiting place of individual, residence is protected specially since ancient times and is regarded as a castle separated from the society. From the post-modern, the right of Residence, by means of defining the private field in order to protect individual security, freedom and self-independence, has been one of the universal human rights. It has so important value for people that various countries bring it into codices, and affirm the Inviolability of the residence.This article consists three sections besides introduction and epilogue. The first section is introduction of the residence and the right of the residence. At first, there is a brief introduction about residence and the right of the residence. Then by analyzing the relation between basic human rights and the right of residence, this article indicates the right of residence has the important position in human society, form this, the Inviolability of the residence should be one of basic principle of legality. In the end of this section, owing to the right of residence has important position in human society, the author discussed Constitution, Administrative Law and Civil Law's general protection toward it in brief. The second section introduced the special protection by Criminal Law of the right of residence. The main content of the special protection is the provisions about the Trespass. At first, this article introduced the provisions about Trespass in ancient China and other countries. Next, the provisions showed that the basic value of Criminal Law is human rights. Then, expatiating the different theories about the legal interest of trespass in Germany and Japan, the author drew the conclusion that the legal interest of Trespass is the right of residence. At the end of this section, this article explained the value of the right of residence are security, freedom and self-independence.The third section pointed out three insufficiencies of provisions about Trespass in our current Criminal Law.: First one, the penalty to Trespass is over light; second, the right of residence often get intruded in daily life, especially intruded by the public power; last one, our current Criminal Law didn't establish the necessary self-help measures for citizens. Analyzing the reasons to these three insufficiencies, this article tabled some proposals. I wish they will benefit the law practice and legislation.