The Inspiration Of Castle Doctrine To Our Dwelling Defense

Dwelling is the place where people rest and live,providing the most basic material guarantee for people's survival and development,which is the foundation of people's life.Based on the important status of dwelling,all countries give explicit legal protection to the residence.Castle Doctrine is a basic principle of the self-defense law in the Anglo-American law system,which means that individuals within the residence can take defensive measures,including deadly force,to protect the people in their homes.The first part of this paper expounds Castle Doctrine in detail by means of the meaning of Castle Doctrine,the historical development,the legislative embodiment,the legal basis and the applicable conditions.The second part describes crime of illegal trusion into other persons residence in the criminal law and the general theory of self-defense and Intruding an Individual's dwelling house without proper reason at night item In ancient Chinese legislation.The third part tries to construct our dwelling defense system based on the theory of self-defense,castle doctrine and crime of illegal trusion into other persons residence.In the last part,I introduce the viewpoints of the academic circle on Yu Huan's case,and analyze whether the behavior of Yu Huan's from the perspective of dwelling defense is legitimate or not.