Legal analysis
Residential refers to houses that are used for other people's family life and relatively isolated from the outside world. The former is characterized by function, while the latter is characterized by place. We must take this as the standard when explaining the house, and define the enclosed space for the purpose of living as the house. Housing does not emphasize ownership, and ownership does not affect the right to live. There may be many forms in life, private residence, * * * ownership with * *, borrowing, renting and public ownership. As long as they are legal residents, they have the right to live in peace and other related rights. Subjectively, this crime is intentional. If the actor knowingly intrudes or does not withdraw, or violates the expression of the right holder's will, or destroys the peace of another person's house, he actively invades or passively does not withdraw, which constitutes the crime of illegally invading the house. Searches can only be conducted by people's procuratorates, public security organs and state security organs in accordance with the procedures prescribed by law. Illegal mainly refers to unauthorized or unreasonable entry into other people's houses, forced entry or refusal to exit. Refusal to quit leads to violation or threat of the right to live in peace. As long as you don't quit, the infringement will continue. Therefore, the crime of illegally invading a house that refuses to quit is a serial offense. The subject of this crime is the general subject, and any natural person with criminal responsibility can constitute this crime. So if someone occupies the house, they can go directly to the police to solve it.
legal ground
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.
Article 245 of the Criminal Law of People's Republic of China (PRC) * * * 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.