Study On The Crime Of Illegal Intrusion Into The House

Housing is the material carrier for family life.It is not only a harbor sheltering from the wind,but also a place to maintain the basic life of the family.Today,with the growing awareness of the protection of citizens’ private rights,the protection of the right to housing is not a violation of our country’s basic civil rights.However,because the provisions of the Criminal Law on the crime of illegal intrusion into the house are too short,there are many ambiguities in the elements of the crime.The direct object of the crime of illegally invading the house has been controversial.There are three views on the old tenure,the new tenure and the dwelling.Residential tranquility said that it received the support of the most scholars.It believed that the illegal intrusion of the house was the tranquility of the occupants.Although residential tranquility has made up for the shortcomings of the first two doctrines,it lacks a uniform definition,making it different in its application.The "illegal" state of illegal intrusion into the house means that neither the occupant nor the law authorizes,and the cause of illegal detention is ruled out."Intrusion" behavior needs to be discussed separately from both positive and negative intrusions.Through judicial interpretation of the understanding of the"household" of robbery at home,to compare the "residence" of the crime of illegally invading the house,to obtain the attributes of the function and location of the house,and to clarify that the occupant is the de facto occupant and does not rule out the illegal possessionThe crime of illegally invading a house can be convicted.It is not only necessary to satisfy the four elements of formal crimes,but also to meet the essential elements of "serious circumstances" under the premise of eliminating the reasons for illegal obstruction.According to two different behaviors,the two are determined.Positive intrusive behavior is based on a certain degree of legal damage,and negative intrusion is the actor’s obligation to refrain from leaving the establishment after the occupant’s request to leave.The pre-emptive,attempted and suspended forms of the crime of illegal intrusion into the house were not subject to statutory hazards and were based on the provisions of the Penal Code of the Criminal Law.In judicial practice,the crime of illegal intrusion into the home often coincides with the theft of the household.From the analysis of infringement legal benefits and crime stages,small-scale household theft and temporary intentional theft after illegal entry into the household should not be considered as illegal intrusion into the house.The crime of illegal intrusion into the house and the crime of illegal search should distinguish between the two crimes from the criminal purpose of the perpetratorIn the face of the gaps in the law of illegal intrusion into the house,it should be made up of legal and judicial interpretations to clarify the criteria for the crime of illegal intrusion into the house.From the perspective of the principle of modesty,the crime of illegal intrusion into the house,the characteristics of the crime of prosecution,and the object of the crime of illegal intrusion into the house are analyzed from three angles of personal legal interest.It is concluded that the method of change of prosecution is legal and reasonable.Because the penalty for illegal intrusion into the house is too high,the period of free sentence should be lowered.For more detailed management of the perpetrators,increase the penalty and the qualification penalty.In order to regulate the exercise of state public power,with a view to comprehensively protecting citizens’ private rights,the scope of the main punishment should be expanded to be"national staff."...