The Identification Of "Household" In The Perspective Of Constitution

Constitution, the core connotation house is private and exclusive, any habitat citizens if you have these two properties, can be called a real house. As a criminal law department law, often for justice policy, social development considerations, to make some adjustments to the scope of the law, but this adjustment must be consistent with the intention of the Constitution. Criminal Law "Burglary" It is for the judicial policy, consider the social order, the Supreme Court on the "Burglary" in the "family" has been interpreted to narrow down. However, before and after the Supreme Court on the "Burglary" in the "family" made by two separate judicial interpretation, the judiciary in judicial activities which should be construed as a judicial trial basis? This is the argument of this paper. The paper is structured as follows:The first part describes the meaning and characteristics of housing, leads to the content and features of the right to housing, the right to freedom of residence further described core basis for the existence and security, draw Constitution "home" that standard. The second part describes the meaning of the Criminal Code, "family", features and special forms to clarify the criminal law definition of "family", while the constitution of the "house" and Criminal Law "households" conducted a simple comparison. Finally, two different judicial interpretation, the argument put forward in this paper:to make judgments based on constitutional intentions of Constitutional Interpretation. The third part introduces the theory of constitutional interpretation, the constitutionality proved the reliability of the interpretation. Then analyzes the specific cases of judicial practice problems and propose appropriate countermeasures. The fourth part is the conclusion:in the face of two different judicial interpretation, the judge should make a judgment on the basis of constitutional intentions of the constitutionality of the interpretation that the values of the Constitution come into the criminal law. In this paper are described separately in the Constitution "home" and criminal law, "family", to find the differences between the two; then in the context of our legal, constitutional interpretation applied to explore our judicial practice the possibility and feasibility to find the way to solve the constitutional problem:conduct constitutional interpretation. To achieve the purpose of maintaining law and order and better protect citizens' basic rights.