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住宅是人们生活、生存的场所,更是人们寄寓温情与安宁的家园。作为个人的栖息之地,住宅自古以来就受到特别的保护,俨然作为与社会相对隔离的堡垒。近现代以来,住宅不受侵犯权已经成为普适性人权,它通过私人领域的划定,保护着人的安全、自由、自主,并以此凸显人的尊严。正是住宅不受侵犯权对人具有如此重要的价值,各国均将其纳入宪法之中,并以不同于物质财产权利的精神性权利而熔铸在法律文本与民众心间。
Residential is the place where people live and live, and it is the home where people live in peace and tranquility. As an individual’s habitat, houses have been specially protected since ancient times, as if they were relatively isolated bastions with society. Since modern times, the inviolability of dwelling houses has become universal human rights. Through the delineation of the private sphere, it protects human security, freedom and autonomy, thereby highlighting human dignity. It is the inviolability of residence that has such an important value to human beings that all countries incorporate it into the constitution and cast it on the legal texts and the public’s hearts with the spiritual rights that are different from those of material property rights.