Trespassing, so-called "trespassing", refers to the housebreaking. The others without permission or authority residential owners are not in accordance with legal procedures to invade other residential behavior.

According to the "Regulations" article thirty-ninth of the constitution, citizens of the people's Republic of China are not violated residential. Prohibited to illegally search or violate civil residence. The homes of citizens can not is a fundamental civil rights violations, and the right of personal freedom, human dignity rights such as equally important, is also subject to the protection of the law. Based on this, our "criminal law" provisions of the "trespass", constitute this crime, is less than three years imprisonment or criminal detention. The judicial personnel breach of privilege constitute this crime shall be given a heavier punishment. Housebreaking, not serious enough for criminal punishment, according to "Public Security Management Punishment Law" article fortieth (three) shall be punished.


(three) illegal restriction of personal freedom of others, illegal intrusion into the body or unlawful search of the residential others.

In judicial practice, the distinction between "key trespassing" crime and non crime, mainly from the subjective objective is whether intentionally, non violation will intrude into residential owners and subjective motivation (such as: stir up trouble and so on) and the social harmfulness and so on to confirm.