Is it legal to give you a home dunning?

It is legal to collect money at home without consent without other violence. Creditors should take reasonable and legal means such as negotiation, mediation, arbitration or litigation to recover debts. If a party wants to bring a lawsuit, it may prepare a complaint and submit it to the people's court with jurisdiction. And have complete debt credentials, and do not take violence, threats, intimidation and other means prohibited by law. However, debt collectors should also be punished according to law if they disrupt social order, public order and traffic order by blocking doors and putting on airs. Therefore, within the scope permitted by law, it is reasonable and legal to collect money. In this case, it is legal to collect money at home.

Constitutive elements of the crime of invading houses;

1, object element.

In foreign criminal legislation, some countries define the crime of breaking into houses as a crime of endangering public interests, while most countries define the crime of breaking into houses as a crime of endangering individuals. However, criminal law theory at home and abroad is generally considered as a crime against individuals. China's Criminal Law has incorporated the crime of embezzlement into the fourth chapter of the specific provisions of the Criminal Law-infringing citizens' personal rights and democratic rights. It is not difficult for us to conclude that the similar object of this crime is the protection of citizens' personal rights by the state. However, the direct object of this crime has always been controversial. Some people think it's the right to live, others think it's the right to live peacefully. At present, the right to housing and peace is the most popular. Personal right is an indispensable right of citizens, and the right to peace in the house is subordinate to personal right, which is the unique right of members in the house. Citizens' private living space, especially the right to live in peace, is protected by law, and its essence is freedom and peace of private life, because home is the carrier of private life, the safest, most secret and most independent world for citizens, and it is also a symbol of citizens' rights and freedoms such as privacy and property rights. The right to residential peace refers to the personality right enjoyed by citizens in their residential and personal lives, including the right to control personal information, the right to freedom of personal life and the right to possession in the private sphere.

2. objective factors.

This crime is objectively manifested as the act of illegally invading other people's houses. Illegal means are against the will of members of the House of Representatives, or have no legal basis. Intrusion mainly refers to entering other people's houses without the consent and permission of the owner of the house, and forcibly entering other people's houses regardless of the opposition and dissuasion of the obligee. There are many ways to invade, such as breaking into houses, breaking into windows, breaking into houses and so on. Invasion can be public or secret, but violence is not a necessary condition for this crime. Others are relative to themselves, that is, they don't live alone or together in the house. For myself, the house of relatives and friends is also someone else's house, and it also constitutes this crime to invade the house of relatives and friends by illegal means. Even those who have lived with others, such as those who lived with others during the marriage, have lived separately after divorce and become others' houses according to law. For another example, after the two brothers * * * inherited their parents' inheritance, they divided the property according to the agreement. For my brother, my brother's property is someone else's residence. On the contrary, for the younger brother, the elder brother's property is someone else's residence. Housing inspection should not only verify the ownership, but also verify the actual right to live. For example, the house has been leased to others, but the ownership has not been transferred, but the right to use has been transferred, and the owner's illegal intrusion into the house that has been leased to others should also constitute the crime of illegal intrusion into the house;

3. Main elements.

The subject of this crime is the general subject, and any natural person with criminal responsibility can constitute this crime;

4. Subjective factors.

Subjectively, this crime is intentional. If the actor knowingly intrudes or does not withdraw, or violates the expression of the right holder's will, or destroys the peace of another person's house, he actively invades or passively does not withdraw, which constitutes the crime of illegally invading the house. It does not constitute this crime to enter another person's residence by mistake, exit immediately upon discovery, or enter another person's residence urgently for justified reasons. For example, when there is a fire, there is no one at home and consent cannot be obtained. It is a legal emergency for firefighters to break into houses.

To sum up, it is legal to give you a door-to-door reminder.

Legal basis:

Article 245th of the Criminal Law of People's Republic of China (PRC)

Crime of illegal search; Crime of trespassing: Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.