试论我国住宅不受侵犯权内容的界定——以法院判决为考察对象

On the Definition of the House's Inviolability in China——taking court judgments as the object

我国住宅不受侵犯权自入宪来未得到应有的重视,对于其内容的界定更是缺乏相应的研究,以至于当前这一权利在现实中呈现理解混乱、保护不利等状态。文章从实定法和学界争论入手,以现实情况为出发点,在对相关案例进行研讨的基础上,对"住宅"、"不受侵犯"各自意义进行了归纳,并得出了将个人在住宅内的安定和平稳作为界定标准的结论。

The house＇s inviolability in China has not been paid the due importance, especially to the definition so that there are chaos both when people understand and try to protect the right. This article takes positive law and arguments in educational circles as the breakthrough point, and combine the current situation by studying relative cases in order to define the meaning of ＂house＂ and ＂inviolability＂ . At last, the ultimate conclusion is that people＇s stability and stationary is just the standard to define the house＇s inviolability.