A Number Of Issues. Relatives Interregional Crime Research

This article take the relative between the criminality as the object of study, in inspects the domestic and foreign legislative situation in the foundation, carries on the limits to ties of relationship's scope. Regarding crime questions and so on between relative's burglary and abandonment, special status relations based on relative's, will possibly affect to the crime determines guilt the discretion of punishment. Analyzes from the type, the ties of relationship may differentiate for the crime reduce the matter, the crime constitution special status as well as the discretion of punishment aggravation matter and so on three types. Nowadays in the criminal legislation and the judicial practice has not made the explicit limits to the ties of relationship, the scholars holds the viewpoint is also widely divergent regarding this. But, ties of relationship limits immediate influence to relative between crime determining guilt with discretion of punishment, therefore this article in the summary civil legislation and in the criminal legislation's foundation, has made the limits to ties of relationship's concept, namely the close relative, in the close life's community's ties of relationship, "the accurate relative who" manifests with the close life's community the relations (accurate ties of relationship manifest in accurate conjugal family relations), and in passing revises the ties of relationship and the criminal law "the close relation which" (seven) stipulated to carry on the comparison and the discrimination. Between the relative the crime research's great significance manifests in the ties of relationship to the criminal legislation, the judicial practice influence, but are very few in the present domestic legislative practice to its stipulation, in the judicial practice lacks the feasibility. Therefore, this article from the larceny, the abandonment crime and so on concrete charge obtains, the crime determines guilt the discretion of punishment influence in view of the ties of relationship to the relative between to carry on the analysis, and proposed that the ties of relationship the influence need to act according to the special details to the discretion of punishment to carry on the analysis, cannot the totally aggravation or reduces. Simultaneously suggested that introduces the relative crime the criminal reconciliation system during the research.