自由的堡垒——在非法侵入住宅罪中探析住宅权的价值

Fort of Freedom ——A Probe into the Value of the Right to Adequate Housing in Crime of Unlawful Intrusion into the Dwelling House of Another Person

每个人的家都是自己的一座城堡。住宅是公民私人生活最安全、最隐密、最独立的家园,住宅权是一项既包含财产权利,又包含人身权利的综合性权利。我国对非法侵入住宅罪的规定缺乏深入研究,应借鉴古今中外的相关规定和学说,揭示住宅权在刑法中应有的价值,从而使之能够得到更有力的保护。

Each person＇s dwelling house is a fort of his own. What kind of right is the right to adequate housing？ How to define the act of unlawful intrusion into other＇s dwelling house ？ How to effectively protect the value of the right to adequate housing by means of proper punishment in the criminal law？ Based on current regulations on the crime of unlawful intrusion into the dwelling house of other people and the reference to relevant regulations and theories home and abroad, this paper aims to reveal the real value of the right to adequate housing in the criminal law, so as to provide more effective protection.