Research On The Influence On Conviction And Sentencing Of The Identity Of Relatives

At present the majority of scholars advocated the criminal legislation of our country should establish the kin concealment system in the criminal law, and the identity of relatives for positioning. The author also agreed to this proposition. In view of this, combined with China’s current" criminal law" and judicial interpretation of the provisions, the author to "concealment" of the traditional perspective of the system were analyzed, and from this the rationality of the system, with a view to the identity of relatives in criminal law in position, realize the purpose of criminal law.This paper focus on the family’s identity, and the traditional law systems, the system of relatives hidden, the theft between the relatives,and the effect on the conviction sentencing.It is divided into four parts:the first part try to define Chinese criminal law’s relatives through our civil law and procedure law about the definition of the relatives; The second part, through to our country ancient times, Hong Kong, Macao and Taiwan regions and foreign criminal legislation in the provisions of the identity of relatives in China, points out that we ignore the criminal legislation on the identity of the relatives; The third part, analyzes the present criminal legislation about the identity of the relative to the rules and evaluation, point out the necessity and feasibility to increase relatives identity of our today criminal legislation,The fourth part to give some Suggestions to perfect our criminal law about the identity of the positioning of the relative...