Jurisprudence Annotation To The Right Of Dwelling House Not To Be Infringed

Dwelling house is the place to live and exist, moreover the paradise of warmth and peace. As a inhabitting place of individual, dwelling house is protected specially from of old and is looked as a castle separated from the society. From the post-modern, the right of dwelling house not to be infringed by means of defining the private field in order to protect individual security , freedom and self-independence, has been one of universal human rights, then highlights the human dignity. The main connotation of the right of dwelling house not to be infringed is a right of commond and freedom to the dwelling space which differs from the material property rights and is taken as one of immaterial rightes by prescribed into the law text and people' heart. In the contemporary era, the right has grown an important means to fight against the expanding state's power. In order to prevent from the arbitary derogation from the rights in the name of public interests, the infringing action of authority must be limited and controlled strictly. In present, our country's legislation and pratice to the right of dwelling house not to be infringed is not satisfied and must be eanestly improved on and perfected in the process of building up the country of rule of law.