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If the other party does not allow the other party to carry out the residence, it obviously constitutes an act of trespassing into the house, but if the other party allows the other party to enter, then there is no act of trespassing on the house, and the public security organ shall make a determination.
Legal analysisIt should be determined on a case-by-case basis, and if a party agrees to enter, it does not constitute a crime, and if a person trespasses without permission, it constitutes an illegal act. Trespassing is an illegal act stipulated in the law, which is the act of trespassing into another person's home, that is, the act of trespassing on another person's house without the permission of the owner of the house or the competent authority without legal procedures. Trespassing will incur legal liability.
In judicial practice, the key to distinguishing between the crime of trespassing on a private house and the non-crime is mainly determined from whether the perpetrator is subjectively intentional, objectively whether the perpetrator forcibly trespasses against the will of the owner of the house, and subjective motives such as picking quarrels and provoking troubles and social harm. It is forbidden to illegally search or illegally infringe on citizens' homes, that is, the inviolability of citizens' homes is a basic right of citizens, which is as important as citizens' rights to personal liberty and personal dignity, and is equally protected by law.
Based on this, the relevant law provides for the crime of trespassing into a dwelling, which constitutes this crime. Abuse of power by judicial officials constitutes a heavier penalty for this offence. There is no direct connection between going to someone else's house to collect accounts and trespassing into a private house, and the determination of the crime of trespassing into a private house shall be based on whether the parties entered the private house without permission, and there are two factors, one is entering the house without permission and the other is a private house, and if it is entering a commercial store, it does not constitute the criminal facts of trespassing into a private house, and the specific circumstances shall be determined on the basis of the facts.
Legal basisPublic Security Administration Punishment Law of the People's Republic of China》 Article 40: Those who commit any of the following acts are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB: (1) organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances; (2) Forcing others to work by violence, threats, or other means; (3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.
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It is not illegal to go to someone else's house to ask for an account, it is definitely not illegal to sit and wait, as long as there is no excesses, the person who owes money is too dishonest, and does not pay back the money, for these old men, it is already very polite to wait for money, if you wait and do not pay back the money, you can only get your money back through legal channels.
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The answer is: no offense. It was not forced to enter, nor did it destroy other people's property.
This is a common method of debt collection in many accounting companies, and the above units follow on the road. As long as there is an IOU, the police have no choice. This is true in the industry.
I should have thought that it would be good to borrow and repay.
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It is not a crime, it is a legitimate act. It is a matter of course to owe money to repay the debt, it is normal to collect money at the door, if you don't give it, you can also sue the law and use legal means to protect your rights. You can rest assured and wait for the account.
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Because he owes a debt to others, and others go to ask for what is right. Debts owed to others will have to be repaid sooner or later, and there is nothing wrong with people going to their homes. It is only natural to repay debts.
You are legitimate, but don't be too extreme! Say what you need normally, in short, deal with it calmly, and if it doesn't work, you can communicate it with his friends and relevant personnel. FYI.
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He does not break the law, because he owes a debt to others, and others ask for what is right. Debts owed to others will have to be repaid sooner or later, and there is nothing wrong with people going to their homes.
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Sit quietly and wait for the debtor to come back, or the debtor to withdraw the money is not illegal, but you can't be aggressive, if the other party has aggressive behavior, don't go-for-tat with him, you can choose to call the police.
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It is only natural to repay debts. You are legitimate, but don't be too extreme!
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If you go to someone else's house to ask for an account, you can't do anything that you can't do, and it's a crime to go too far.
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If there are no other violations, your description alone is not illegal.
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It is not illegal to get your own money back
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Don't break the law! Get your money back.
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Whether it is illegal to go to someone else's house to ask for an account generally depends on the situation
1. It is a legally permissible act for creditors to collect debts, and it is the legitimate right of creditors, but creditors should grasp the scale in the recovery to avoid situations that violate the law;
2. If you forcibly enter the debtor's home, you may be sentenced to criminal punishment if you are suspected of the crime of trespassing into the house.
When encountering people who owe money and do not want to repay the debt, the methods are as follows:
1. If you encounter a person who fails to repay the debt, you can directly go to the court to file a lawsuit, and the court will make a judgment to compel the repayment. If the repayment is still not made after the judgment of the court, it may apply to the court for compulsory enforcement;
2. The time for litigation of debt disputes is related to the statute of limitations stipulated by the laws of our country, the statute of limitations for creditor's rights is three years, calculated from the expiration of the performance period, if there is no request for repayment within these three years, and the debtor does not promise to repay, after three years, the statute of limitations ends, and the debt is not protected by law; When filing a lawsuit in court, provide a list of the calculation of the amount of principal and interest required in the litigation claim, including the calculation list of the principal balance, the calculation list of the interest amount, etc.
Legal basisArticle 1165 of the Civil Code of the People's Republic of China.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.
Article 1167.
Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
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Legal analysis: It is not illegal to go to the house to ask for an account. However, if it is forced into the debtor's home without the debtor's permission, it is illegal.
will be detained for not less than 10 days but not more than 15 days, and fined not less than 500 yuan but not more than 1,000 yuan; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB. If a crime is constituted, criminal responsibility will be pursued in accordance with law.
Legal basis: Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
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Legal analysis: Depending on the situation, if it does not affect the normal life of the debtor, it is not illegal, and if some radical behavior affects the normal life of the debtor, the improper behavior may constitute infringement, and the debtor can sue the other party in accordance with the law.
Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.
People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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