Is it legal for the owner not to leave the community? Does it constitute illegal detention?

It is generally illegal for the property owner not to leave the community, and it can be handled by the police to determine whether it constitutes illegal detention.

According to the national laws of China, the personal freedom of residents is inviolable. If the community is closed because of the epidemic, it is legal for the property to assist the government to manage and prevent the owners from leaving the community.

In addition to this situation, it is illegal for the owner not to leave the community. Property only has the function of managing the community, without restricting anyone's right to travel freely.

The criminal act of illegally depriving others of their personal freedom by detention, confinement or other coercive means belongs to illegal detention. If the property restricts the owners from entering and leaving the community, which is an infringement of personal freedom, they can report the case to the public security organ.

Under special circumstances, it does not constitute illegal detention.

legal ground

Criminal law of the people's Republic of China

Article 238 Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.

Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

Constitution of the people's Republic of China

Article 37 stipulates that the personal freedom of the people and citizens of China shall be inviolable. No citizen shall be arrested unless approved or decided by the people's procuratorate or decided by the people's court, and shall be executed by the public security organ. It is forbidden to illegally detain or deprive or restrict citizens' personal freedom by other means, and it is forbidden to illegally search citizens' bodies.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 40 Whoever commits one of the following acts shall be detained for more than 10 and less than 15, and shall be fined for more than 500 yuan 1000 yuan, detained for more than 5 days 10 and fined for more than 200 yuan and less than 500 yuan:

(1) Organizing, coercing or tricking/kloc-people under the age of 0/6 or disabled people into performing horrible and cruel performances;

(2) forcing others to work by violence, threat or other means;

(3) Illegally restricting the personal freedom of others, illegally invading other people's houses or illegally searching other people's bodies.