What is the definition of trespassing? Can the owner enter the house if he does not agree?

Updated on society 2024-07-31
5 answers
  1. Anonymous users2024-02-13

    The definition of trespassing into a private house can generally be found to be an illegal act, which is generally an illegal trespass into another person's home, that is, the act of another person trespassing into 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 accordance with article 39 of the Constitution, the homes of citizens of the People's Republic of China are inviolable.

    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.

    According to article 40 of the Public Security Punishment Law, the punishment for trespassing on a private house is mainly detention of not less than 10 days but not more than 15 days, and a fine of 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; where a crime is constituted, a sentence of up to three years imprisonment or short-term detention is to be given. 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. Illegally restricting the personal freedom of others, illegally invading others' homes, or illegally searching others' bodies.

    Where a case is filed for illegal trespass into another person's home. This crime is an act, and as long as the perpetrator illegally and forcibly breaks into another person's house without the consent of the owner of the house, or refuses to do so without reason after being asked to do so, in principle, this crime is constituted and a case shall be filed and investigated.

  2. Anonymous users2024-02-12

    Hello dear<>

    From a legal point of view: trespassing on a private house without the consent of the person can be dealt with by the police, and the act of trespassing on a private house is illegal. Article 40 of the "Public Security Administration Punishment Law" Whoever commits any of the following acts shall be detained for not less than 10 days but not more than 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. Article 245 of the Criminal Law of the People's Republic of China [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years 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. Laughing.

  3. Anonymous users2024-02-11

    Without the consent of the tenant, if the lessor enters the shack without permission, it is a violation of the relevant rights of the tenant, and the tenant has the right to take legal measures against the lessor, and it is very likely that it will constitute trespassing. Unless the lessee fails to perform in accordance with the requirements of the contract, which infringes the rights and interests of the lessor.

    During the lease period, the tenant has the right to use the house, and the landlord cannot open the door without the permission of the tenant.

    In case of special circumstances, if the tenant cannot be contacted in time, and the landlord needs to open the door to enter the house, the property management personnel or relevant personnel from the notary office or police station must be present to witness to avoid unnecessary legal disputes.

    The owner of the house has the ownership of the house, but after the house is rented, the owner's right to use the house is transferred to the tenant, and the ownership of the house owner should also be subject to certain restrictions, so during the lease period, the landlord cannot enter without permission, which is not legal.

    If such a situation exists, the tenant can keep the evidence and go to court or report it directly to the police. If the tenant wants to settle the matter peacefully, they can change the locks quickly after renting the house and change the original locks back after the lease expires. In addition, it is recommended that such matters should be stipulated in the contract when renting a house, as well as the amount of compensation for breach of contract, so as to protect your rights and interests.

    According to the law, citizens' homes are inviolable. Except for the staff of public security organs and other departments for official purposes, no one may arbitrarily trespass on private residences. It is forbidden to unlawfully search or trespass into citizens' homes.

    Abbisko The term "dwelling" here refers to the place where citizens live and live, including houses owned by individual citizens and houses rented by others for their own life and residence.

    According to Article 323 of the Civil Code, the owner of the usufructuary right shall have the right to occupy, use and benefit from the immovable or movable property owned by others in accordance with the law. It can be seen that the usufructuary right is a right with limited ownership.

    Therefore, if the landlord has already rented out the house, the landlord enters the rented house without the consent of the tenant, and should bear certain legal liabilities depending on the severity of the circumstances. If the property is lost or stolen due to the fault of the landlord, the landlord shall also be liable for compensation.

    According to the laws of our country, if a male lease contract is signed between the two parties, then the tenant has the right to use the house during the lease period. Then the lessor cannot open the house or pet the house at will without the consent of the tenant, and if it enters at will, it is a violation of the tenant's privacy.

  4. Anonymous users2024-02-10

    It refers to the act of trespassing into 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. Entering a citizen's house against the will of a member of the house or without a legal basis, or refusing to leave after entering a citizen's house after being asked to do so, is a specific manifestation of trespassing into a private house.

    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 residence, shall 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.

  5. Anonymous users2024-02-09

    Summary. No, the occupants of the house, tenants, etc., or other people can report the incident, and if you encounter a private house breakdown, it is recommended that you report it to the police as soon as possible.

    No, the occupants of the house, tenants, etc., or other people who are stupid can report the crime, if you encounter Kaiqin's trespassing, it is recommended that you accompany your side to report to the police as soon as possible.

    Where illegal trespassing into another person's home is not sufficient for criminal punishment, a detention of up to 15 days, a fine of up to 200 RMB, or a warning is to be given.

    Trespassing is an illegal act of inspection under the law, which refers to the illegal trespass of another person's residence, 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.

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