Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 5

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 4: The hermeneutic circle between constitutional and criminal norms: the conceptual integration between robbery accompanied with housebreaking in criminal law and the right to freedom in the home in constitutional law

Selected Papers of The Jurist (法学家), Volume 5

Du Qiangqiang

Abstract

The legal order based on the Constitution is a dynamic norm system, in which the meaning of the superior norms is closely connected with that of the inferior ones. It is the duty of the State to protect the freedom of home, and the criminal norm proscribing robbery with housebreaking is the implementation of the duty. The Supreme Court defines the term household in its judicial interpretation, which in turn demarcates the coverage of the freedom of the home. By analyzing the judicial interpretation of the Supreme Court and the judicial cases of inferior courts, this chapter finds that there are two different definitions of household. One of them defines it as a place used for personal life, while the other defines it as a place used for family life. It is the interpretation in conformity with the Constitution that the interpreter should choose to follow. By the means of constitutionally faithful interpretation, the value and ideas of the Constitution can be implanted into the judicial application of statutes, which in turn make them protect constitutional rights more effectively. Keywords: Freedom of home; robbery with housebreaking; constitutional rights

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