Research On The Crime Between The Relatives In Criminal Law

The crime in which the persons cause their relative to obtain the benefit of the right of the person and property ,namely "the relative accommodates hidden" or "cherishes one's relatives hidden" , the system manifest in the criminal law of the feudalism and the abroad but not does in our country criminal activity legislation。Now in the educational world, the majority scholars suggested that our country criminal activity legislation must introduce cherishes one's relatives the hidden system, I approve this position。Because, in the contemporary criminal law field we should reflect to pursue the human nature , the law should take "common person's ideological level as the standard" , should not demand everybody to be able to punish guilty family members. When we construct the system of the hidden between the relatives , our country's criminal substantive law and the criminal procedural law must have the certainty the limitation. which enables it both the assurance of human rights, and can the attack criminal activity. Causes "the love of the relatives" and "the law" can have the organic fusion.As to the common phenomenon of the theft between the relative s during the real life , our country's judicial interpretation only had stipulated to this question the concise instruction opinion, but had not given concrete standard of the punishment, lacking the feasibility, therefore caused to be suitable on the deviation in the judicial practice. I suggested that we should make the united standards according to the theft between the relative .Stipulation that between relative's burglary swill sue the right entrusts with the victim, and allows them to adopt other suitable way to solute the disputes, when the victim requests the judicial protection , the state power only then carries on the intervention, Then both may protect victim's legitimate rights and interests at the same time, on the other hand can advantage the family unity, society's stability. It is a wise move that actually conforms to the Chinese national conditionIn the field of the criminal law , the crime of the relative's person including the sex . The crime status criminal law have already transform to the behavior criminal law , we should reject thoroughly the stale idea of the feudalism which determines guilt positively by the status, Only taking as the factor of the relative status in the judicial practice judge . Sexual crime between the relatives , in order to protect the child rights' and interests and consider ethics law and compactness , we do not advocate the penalty which the relative sexually violates to the adult between to punish again in the average man, but is the author that must punish severely regarding the victim less than child's close relatives.