| The cases of illegally breaking into others’houses are common because of debts and other civil disputes in China. And also the cases of in defense of trespassing housing-related are also often found in newspapers."Acquaintances society" to "society of strangers" shift allows social subjects widespread confidence weak and not a strong sense of state of mind. Social subject not only put more importance on independence, freedom and rights of individuals, but also pay a high attention to the domestic tranquility, stability, personal privacy. Studying on cognizance of the crime of illegal intrusion into residential issues, which are related to defense issues, as well as acts of trespass, have important significance to strengthening the protection of residential.Nanjing Karl Case involves the crime of illegal intrusion into residential, self-defense, and General mayhem, and many other issues. The author combines the theoretical study of at home and abroad, by means of comparative study on the integrated use of law, empirical research on law and legal analysis, and focuses on the legal interest of crime of illegal intrusion into residential, causes of legitimate defense and defense issues with the unlawful acts of residential. This article is divided into three parts. First, it introduces the case of Nanjing Karl Case and controversy which is acts of Gao Long, Tao Jiayong and others constituting the crime of illegal intrusion into residential or not. Carl’s acts in this case is in self-defense, or taken against the crime of intentional injury. The second, it focuses on the acts of both sides about the case. And the author makes an analysis on the intrusion into residential concepts and elements of crimes, the concept and elements of the crime of intentional injury, and composition of the self-defense criteria and other aspects of legal. The acts of Gao Long, Tao Jiayong and others refusing to quit that is requested by the homeowners has already constituted the crime of illegal intrusion into residential. But the behavior of refusing to quit is not taken as the pressing delict, and you are incapable of being implemented in self-defense. Karl slashed Tao Jiayong and closed the door quickly, and he caused to a high disability about ten levels. Karl has constituted the crime of illegal intrusion into residential. Thirdly, on the base of analyzing the problems and defects in legislation and judicial practice in China of illegal residential crime, the author offers concrete perfection. At the legislative level, the crime of illegal intrusion into residential says in the manner stating counts and increases property penalty fines. At the judicial level, we should strengthen the protection of citizens’homes, and depending on how the illegal intrusion into residential, make an reasonable evaluation on citizens’ behavior of their right of defense exercising. |
