Adage says: "The home of a person, it is one the individual's castle, wind can be entered, rain can be entered, king cannot be entered. King cannot be entered..
The home is our warm harbour, anybody cannot be invaded illegally. Recently, in the case of a criminal that Shandong saves flourish to be tried into city people court, because Wang Mou, Guo Mou is illegal go back on his word to did not go to be sentenced in others home punishment.
The thing is such ↓
Wang Mou, Song Mou produces dispute because of problem of building change the name of owner in a register. In Feburary 2018, under king some gas, in calling Guo Mou to reach Home Song Mou jointly " beg view " . But in exchange views, 3 people produce quarrel, song Mou asks Wang Mou, Guo Mou leaves its abode, but 2 people not only refus does not leave, still undertake ripping hitting to Song Mou, classics appraisal, the place such as ministry of Song Mou eye forms slight injury.
Flourish becomes forensic cognizance to think, wang Mou, Guo Mou invades other house illegally, its behavior is formed invade residential blame illegally, admit his guilt of one's own accord in view of Wang Mou, Guo Mou, recoup Song Mou's pecuniary loss actively, obtain forgive, drink grant to be punished lightly. Flourish sentences Wang Mou set term of imprisonment finally one year with invading residential blame illegally into the court, probation a year; Guo Mou set term of imprisonment 10 months, probation a year.
01
Law link
Constitution thirtieth 9: The residence of citizen of People's Republic of China does not suffer encroach. Prohibit ransacking illegally or invade the citizen's house illegally.
Criminal law the 245th: Ransack illegally other body, residence, invade other house illegally perhaps, be in 3 years of the following set term of imprisonments or arrest battle. Misuse of authority of judicatory staff member, of blame of the money before making, from heavy punishment.
02
Judge view
Invading residential blame illegally is to point to allow without other, invade other house illegally forcibly, perhaps exit the behavior that without reason refus does not exit via the requirement. The residence, it is the citizen lives, the location of the life, invade other residence illegally to be able to make normal life of the citizen is disturbed necessarily, not only encroached other demesne the droit of belongings, also violated other privacy and freedom.
What behavior is formed invade residential blame illegally?
1. invades other house illegally forcibly, still do not exit via requirement or education, serious effect others lives normally and live safe;
2. invades other house illegally forcibly, damage, blemish or take away other articles for daily use, affect other badly to live normally;
3. invades other house illegally forcibly, stop cadaver make trouble, affect other badly to live normally;
4. is invaded illegally forcibly and close other residence, cause other to cannot live;
5. invades other house illegally forcibly, cause other and serious consequence.
The judge reminds
Blame do not enter please be not trifling matter, face dispute to beg view, party is bilateral ought to reason is passed talk things over, the route of mediation, lawsuit goes solving, if adopt arrogate to oneself to enter civilian curtilage, mar property or the not sensible behavior such as legal interest and means have enroach on another person so called " beg view " , cannot solve a problem in time not only, and the social order with disturbed normal, also will get legal penalty.
