Looking At The Examination Of Student Residences In Colleges And Universities From The Right Of Infringement Of Residence

From the view of comparative law, the range of residence has been gone beyond its literal meaning, extending to private space. However, it has not been given great importance to inviolability of the residence in China. In judicial practices, there is no specific standard in identify of residence, which lies in the living standard in academia. In this condition, foreign law about reasonable expectation of privacy can be referenced, and we can extend the scope of the constitutional protection of residence, bringing controversial private space into protection. Students expect that their private life should not be invaded illegally, for that as their daily living places, dormitories are related to students'privacy, and dormitories should be protected as residence. There is no absolute right in the world. The right of residential inviolability also should be limited, submitting to law reservation principle, proportion principle, procedural legal principles, etc. Dormitories are gregarious places where are liable to sanitary or electric accidents. So universities are supposed to do well in daily management, with the limitation of not invasion of the right of residential inviolability. In the modern society, lots of managerial and technical measures can be taken for universities to do their duties to avoid safety accidents. Despite that the legal relation between college and student is regarded as administrative or civil, it seems that there is no legal foundation for universities to inspect dormitories, for these behaviors have invaded students' legal rights. At the age of pushing forward the Strategy of Ruling the Country by Law, universities, as the places of educating people, should even more manage themselves by law and educate students with their practical actions.