Legal analysis
Anyone who illegally invades another person's house shall file a case. This crime is a crime of conduct. As long as the actor illegally intrudes into other people's houses without the consent of the owner of the house, or refuses to quit without reason after being asked to do so, it constitutes this crime in principle and should be investigated. Does illegal possession of other people's houses constitute a crime? Constitute the crime of trespassing. The crime of embezzlement refers to the act of entering a citizen's house against the wishes of the members in the house or without legal basis, or refusing to quit after entering the citizen's house. The crime of trespassing refers to the act of entering another person's house without the owner's consent, or refusing to quit after the owner's request. 1, the identification of "illegal": it is mainly manifested in the violation of the constitutional provisions on the inviolability of the houses of China people and citizens, unauthorized or unreasonable entry into other people's houses and forced entry or refusal to evacuate. 2. Illegal search by judicial staff also constitutes the crime of illegal invasion of houses. Abuse of power and illegal search and intrusion into other people's houses also constitute the crime of illegal search and intrusion into other people's houses. Judicial staff mainly refers to the staff who are responsible for investigation, prosecution, trial and supervision, that is, the staff of public security, state security organs, people's procuratorates, people's courts, detention centers, detention centers, prisons and other organs.
legal ground
Criminal law of the people's Republic of China
Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 397 Any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail. Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.
Article 39 of the Constitution of People's Republic of China (PRC) * * * The homes of citizens of People's Republic of China (PRC) and China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses.