The Criminal Regulation Of Infringing Property Behaviors Among The Relatives

In this paper, behaviors of infringing property among the relatives refers to the actsthat occur in specially relatives in line with the crime and at least have the appearance ofunlawful acts of presentative assault. In different judicial interpretations in our country,acts of infringement of property between certain relatives, such as theft, providesproperty crimes compared with the normal behavior of different disposal methods.However, it is among the relatives of the relevant existing legislation acts againstproperty and the theoretical studies still have some incomplete. Therefore the study of thebehavior infringing property among relatives still has positive significance.Behaviors of infringing property among the relatives in our county is acomprehensive legislative model. This model not only in the prosecution procedure maderestrictions, but also in the entity of infringing property behavior among relativesstipulates provisions and general property crime different legal consequences. Accordingto the theory of the infringement property crime between relatives or leniency, relating tocontinental legal system in this paper, this thesis will discuss the model from three anglesof existing theories which including the interpretation theory, comparative analysis ofjudicial practice. Then this paper will comes the the conclusion of relationships andfamily autonomy as the core of criminal policy which explains the relative propertyinfringement behavior or lenient punishment.In the specific application of behaviors of infringing property among the relatives.This paper argues that: Kinship should be based on the judging illegality andaccountability in the understanding of the relationship problems and the necessaryunderstanding mistake. And the key lies in the relationship itself. In practice if therelationship has changed, it should focus on the behaviors or results to determine whetherdirectly apply to judicial interpretation or not. If the offenders, whose behaviors infringeproperty, cause the victim’s damage under the multiple significance of criminal law,however, only parts of the victims or the legal relationship in the case should be paidparticular attention to the scope of protection of legal interests. If the individual has hurtrelatives outside of the property rights of others, it can not made sin or directly show leniency in accordance with the relevant judicial interpretations. Crimes against propertyof relatives and non-relatives shall specify the kinship terms of accomplice which shallnot apply to the kinship to show leniency in accordance with the joint crime subordinateposition.At present, the law of infringing property among the relatives in our county still hassome problems such as the adjustment range, articles errors and so on. Based ontheoretical analysis and practice and with reference to the academic research of others,some legislative suggestions were made to increase the general provisions and judicialinterpretations of the relative property infringement. The suggestions also improve partsof judicial interpretation of the provisions of the Penal Code as well as parts of some notharmonious interpretation of criminal law system.