| Residential as individuals and families living place, it’s great significance for the protection of citizens’ rights of the person and property rights and social stability. The crime in our criminal law has been defined as the crime and the crime of the announcement, the foreign legislation does not reflect the spirit of modesty of criminal law. In addition, China’s criminal law did not make the legislative explanation on the "residential", it is the practice in most countries don’t match, as a result of this, as the connotation of illegal intrusion into the important content of residential "residential" is not clear, at the same time, the connotation and extension of the object of the crime is not clear, and in the objective aspect, to illegal on the behavior is described, in the overall crime, the crime of housebreaking and some other related crimes defined. The above problems in practice how to identify this crime has become a major problem in judicial practice. In order to understand and apply better trespass, the author launched a comprehensive study on this. This paper is divided into three parts:introduction, body and conclusion, in which the body is divided into four chapters.The first chapter includes the development of legislation and the present situation of trespass, this part expounds the trespass of the legislative process and the practical significance, the research object of this paper, the research background and research significance.The second chapter discusses the concept and criminal trespass, about the object of crime, the debate on "housing" and other problems are reasonably defined. To analyse the object, objective aspect, crime subject and subjective aspects.Comparison of the third chapter, from the perspective of China’s judicial determination of CO opetition behavior crime and the crime of housebreaking, and combined with the standard of proof of the evidence in our judicial practice requirements, clarify the knotty problems of crime of housebreaking in judicial determination.The fourth chapter closely together constitute the crime of the content, defects and perfection of trespass, suggest the scientific definition of the meaning of appropriate expansion of residential, residential area, the trespass for dear action, improve the trespass of penalty of fine and fix problems. |
