Invade residential blame illegally
According to thirtieth of our country constitution 9 regulation: The residence of citizen of People's Republic of China does not suffer encroach. Prohibit ransacking illegally or invade the citizen's house illegally. This is the legal source that criminal law invades residential blame illegally.
Our country criminal law sets the 245th times: [ransack illegally to invade residential blame blame, illegally] ransack illegally other body, residence, invade other house illegally perhaps, be in 3 years of the following set term of imprisonments or arrest battle.
We should understand a magic art so:
1, this blame is to point to enter other house illegally forcibly, still perhaps reject to exit via asking to exit, influence others lives normally and live quiet behavior.
2, " the residence " should do enlarge to explain greatly, beyond the use room that divides sleeping and eating of the daily life that lay a person, the site that still includes to be used at daily life place to take up, temporarily the guesthouse of the Zhang sail of the building of hire, daily life that lay a person, accommodation that lay a person.
3, invade other house illegally to those only normally, hampered badly of other live as quiet as the life, and do not make other crime, just invade residential blame illegally surely. The basis absorbs a principle, if invade the residence to enter those who have the guilty activity such as homicide, harm, rape, execute the crime of behavior surely only.
4, misuse of authority of judicatory staff member commits this crime, from place heavy punishment, make for not true identity.
If threaten or with safety of person of other of other method menace, the clue does not make crime, according to public security management condemnatory law has one of following action the 42nd times, place be detained 5 days below or fine 500 yuan below; The clue is heavier, be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce:
(One) write threatening letter to perhaps browbeat with other method of other person safety;
(2) barefaced affront other is concoctive perhaps the fact is calumniatory of other;
(3) other of circumvent of concoctive fact bring a false charge against sb, the purpose makes other is found out what perhaps be punished by public security management by criminal;
(4) verify person reachs his close relative undertakes minatory, affront, beat up or hit retaliation;
(5) send bawdy, affront for many times, threaten or other information, disturb other to live normally;
(6) peep, pat secretly, of privacy of eavesdrop, dispersed other.
Because this dares,gather a crowd on other residence make trouble person, consequence is very serious, suffer law to make surely carry!
