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China Trespassing Law: Welcome Or Not?

By Dan Harris and Steve Dickinson

Not sure how relevant this is to China business law, but it sure makes for a fascinating read, at least for law geeks. Law Professor Donald Clarke of Chinese Law Prof Blog fame, has been writing some very interesting posts on Chinese law over at the Conglomerate Blog. The one that really caught my fancy, however, is entitled, "No trespassing in Chinese law? " The post lays out a pretty convincing argument that Chinese law does not prohibit trespassing, which essentially means that if someone wants to stay in your apartment or house even after you have asked them to leave, they are free to do so:

It's hard to believe - and to the best of my knowledge it's not true - that in China you can simply waltz into someone's living room (provided the door is unlocked) and make yourself comfortable provided you act with restraint and are willing to compensate for any damage you cause. But the legal basis for saying you can't is surprisingly obscure.

Not sure of the legal ramifications of this, but I do suggest you lock your doors and not let anyone in unless you know you have no problem with their staying. And staying.

Full post as published by China Law Blog on February 12, 2008 (boomark / email).