Relatives Stealing Problem Discussion

Theft is China’s most ancient one of the charges,also,it is the various historical periods of combat focus.As one of the most common crimes against property, its multiple, complexity and much denaturation caused many judicial problems and disputes.Although long-term since our country criminal theories and judicial practice of the crime of theft departments have conducted more thorough research, formed a relatively complete theory system, the legislative and judicial practice also against theft published a series of relevant explanation, but has always been ignored a special group among theft cases--between relatives theft cases. Because kinship exists between the special ethical relations, and the law had no specific regulations, the judicial practice on relatives stealing cases that often occurs deviation. The author has been very concerned about this problem, and a deep thinking.This paper is divided into five parts:The first part is the introduction, by two actual cases do background extraction this paper tries to discuss the topic--relatives stealing.The second part of the relatives stealing cases were defined, the" relatives" to clear.The third part of the relatives stealing to explore the theory, that the relatives stealing cases and ordinary theft case distinction is not only observe social ethics inherent requirements, but also accords with the criminal policy of combining punishment with leniency, and conducive to family stability and social harmony.The fourth part of our relatives stealing cases judicial present situation carries on the elaboration, introduced with emphasis in the judicial practice for such cases several confusing: the Supreme Court on the trial of cases of theft of issues concerning the specific application of law interpretation of first item4of "general" and" necessary" how should understand? The couple separated spouses during the theft of possession of the property should be convicted? On the necessity for relatives stealing cases should be how to determine the amount of theft? On the collusion outsiders together theft relatives property behavior should be how qualitative?The fifth part is the focus of the article. Through the above discussion on relatives stealing and think, that the several countermeasures:1. The relatives stealing case revision for the crime handled only, will be whether the right to litigate returned to the victim;2. In the treatment of severe admiral relatives stealing cases and ordinary theft cases are different, mainly reflected in the the crime and sentencing range two aspects;3.Introduced are the legal property system, part of it is necessary for the relatives stealing cases in crime to provide specific legal basis;4. Focus on the process of reconciliation with the trial, to the parties to solve problems opportunities;5. Give full play to the grass-roots organization or in such cases the positive role, without charge, by them to complete the mediation work.