On Establishing The System Of The Penalty Discretion Of Affection Crime

"Family crime" is the crime committed by relatives. In ancient China, for this kind of the infringement cases between close relatives, when determining the legal responsibility and punishment at the same time, still pursuing principles such as "different approach between affinity-disaffinity", "different approach between the honor-low social circles". This is a traditional feature of our country law, this traditional legal principle and system's existence, formation and development and far-reaching influence stimulate us a lot of inspiration and touches on the studies on conflicts and penalty discretion system for close relatives or family member. This paper will attempt to deal with criminal cases between two parties of relative relations and try to study on taking affection crime account into penalty discretion, among the close relatives system or relations with family members based on the law fact and given circumstances, in determining the legal liability or punishment of weight and identifying criminal legislation. It researches on valuing "The family crime" and establishing the system of criminal penalty discretion affection, with entity value, procedure value and society value. Admittedly, the establishment of such systems under such circumstances could not do best, but it is the most realistic.