Research On The Crime Of Trespassing On Housing

Residence,as the most basic living place of human beings,bears the happiness of each family and therefore relates closely to people’s Happiness Index.In general,the effectiveness of the protection towards people’s residence directly affects the rights and liberty of each citizen,as well as the harmony and stability of the whole society.However,it is a universal phenomena that the residence is illegally trespassed in reality,the probability of which shall not be neglected although it may not be encountered by everyone.The Crime of Illegal Invasion of Residence in China has room for improvement from both theoretical and practical perspective.Therefore,the Author hereunder conducts systematical analysis on the Crime of Illegal Invasion on the basis of existing theoretical achievements and judicial practice,and by applying various research methods.The main body of this Article consists of 5 chapters.Chapter One mainly introduces the legislative review and the current judicial status of the Crime of Illegal Invasion Residence.In terms of legislative review,this Chapter mainly states the legislative stipulations of the Crime of Illegal Invasion of Residence in various countries worldwide;in terms of the current judicial status,this Chapter mainly explains the current status of legal protections and the characteristics of the judicial practice and decisions thereof.Chapter Two mainly introduces object of the Crime of Illegal Invasion of Residence.This Chapter embraces several dominant theories of the Crime of Illegal Invasion of Residence in the first place,analyzes different opinions of the Crime of Illegal Invasion of Residence in China,and presents the Author’s brief views of the object of the Crime of Illegal Invasion of Residence.Chapter Three mainly introduces the objective aspects of the Crime of Illegal Invasion of Residence.This Chapter focuses on the respective definition of "Illegal","Invasion","Others" and "Residence".Chapter Four states several pieces of advice from the Author on the Crime of Illegal Invasion of Residence,which are mainly from two perspectives,i.e.to improve the penalty-system-design and to determine the Crime of Illegal Invasion of Residence as a crime to be handled upon complaint.