Legal Protection Of Civil Residence Right Problem

Residence is the place people live in and survive on, and it ignited the spiritual home of warmth and tranquility. Since the modern citizens residence from unlawful infringement has become a human rights concepts and norms which universally accepted by the international community. Various countries put residence right into a complete system of fundamental rights, and give legal protection in practice. China’s administrative compulsory law did not take it into clear specifications that the action entering the residence of administrative compulsion accompanied by the administrative law frequently. This article begins with the basic theory of the residence right and its protection, dissects the action entering the residence of administrative compulsion implement by the administrative organ which violates the civil residence rights, analyzes and sorts extraterritorial legal system of the residence right protection, explains our country current legal requirements about the residence right protection. Eventually, the author proposes several ideas improving and perfecting the law system about making clear legislative provisions of the residence of administrative compulsion. Hope to provide a little inspiration to our country of the residence of administrative compulsion system.This article is divided into five parts. The first part is the basic theory of the residence right and its protection. This part defines the concept of the residence and residence rights, explains the legal basis for protection of the residence right. The second part analyzes the administrative compulsion action referring the residence right. The author analyses the characteristics of the action entering the residence of administrative compulsion and distinctions between this action and the forced dismantling of the illegal residence. The third part is about the extraterritorial legal protection of the residence right. Through carding and generalizing legislative provisions and features of entering the residence of administrative compulsion system in Germany, Japan, and Taiwan in order to improve our system. The fourth part of the China’s existing laws on the protection of the residence right expounds the criterions about the residence administrative compulsion of the administrative compulsion law, sorts out and discusses some provisions involving the residence protection in our existing laws. The fifth part is perfecting our system of the residence of administrative compulsion with legislative proposals to complete system. Firstly the author analyzes the position and the law appliance of the action entering the residence of administrative compulsion in administrative compulsion law. Secondly the author analyzes the setting right of the entering residence of administrative compulsion measures and residence administrative compulsion execution respectively. Thirdly the author explains the applicable conditions of the administrative compulsion action that affecting the residence right. Fourth the author introduces concretely program settings, proposes the special procedural provisions about the entering residence of administrative compulsion measures and writ doctrine about the residence administrative compulsion execution. Finally the author proposes the legal remedies of the entering residence of administrative compulsion and offers insights respectively about the specific applicable circumstances of the entering residence of administrative compulsion measures and related relief of the entering residence of administrative compulsion in executions.