Claim friend believes Pu Hui's staff member, come both neither offers certificate and contract info

This afternoon, we receive a victim appeal, the staff member that says the friendly benefit that believe general came, and private place was not entered through allowing do sth without authorization after coming, and the other side is in after taking the door, both neither offers working certificate, information of different also individual lets a person check, simple one male one female come to begin dun.

Had formed illicit enter civilian curtilage standard, according to our country law to " illicit enter civilian curtilage " definition: Illicit enter civilian be the regulation in a law curtilage is tortious, point to invade other house illegally, other is permitted without residential host or namely power gear did not invade the behavior of other residence according to legal process do sth without authorization. Illicit enter civilian can assume legal responsibility curtilage.

Basis " constitution " thirtieth 9 regulation, the residence of citizen of People's Republic of China does not suffer encroach. Prohibit ransacking illegally the residence of citizen of illegal perhaps enroach on, namely a of burgher house is a citizen inviolably basic right, the right such as dignity of the person freedom with the citizen, character is euqally coequal and important, get legal protection likewise. Be based on this, our country " criminal law " stipulated " invades residential blame illegally " , make this crime, handle 3 years of the following set term of imprisonments or arrest battle. Misuse of authority of judicatory staff member makes this crime from heavy punishment. Invade other house illegally, still insufficient criminal punishs, according to " public security management sanctions a method " the 40th (3) the regulation gives punishment.

And these two people are in illicit wear civilian curtilage later, still reject to offer working information and identity information to check a circumstance to be suspected of blackmail for the victim, and our country defines to the blame of blackmail: Blackmail blame is to point to it is a purpose with detinue, use menace or coercion method to the injured party, ask for the behavior of state-private property forcibly. " criminal law of People's Republic of China " the 274th blackmail is state-private property, number is larger or for many times of blackmail, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in or amount of; of only punishment gold is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish golden; amount particularly tremendous perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above, punish gold. Blackmail blame is a kind of important encroachment belongings blame, its crime object is state-private property. Some scholars think, the object of blackmail blame is compound, include person and state-private property. From the proceed with of objective important document of blackmail blame, the object of blackmail can be property ownership only, consequently its crime object includes state-private property only, and do not include a person.

Turn over force to urge alliance of authority receiving dimension to remind everybody: Must check come to urge the identity information that receives personnel, do not believe to come to urge the information that receives personnel easily, of special attention is these urge a few action that stop staff, lest be deceived.