| China is a country with a long history and a thick cultural atmosphere. Clear and specific provisons of theft between relatives have been made in China’s long historical river. With the economic and social development of our country, theft between relatives does not be made in the basic law. However, it is a comfort to see that China’s judicial interpretations have made corresponding explanation and provisions to it. Although the relatives of judicial interpretation of provisions related to the stolen, after all, is limited. In judicial practice, family theft problems there were some inadequacies and shortcomings.In this article "picture wife has husband’s refusal to hand over" cases, leads in the case of dispute. First, the author in the theft case "secret theft","property possession","crime of theft" intentionally conducted analysis and elaboration, think secret stolen in the theft of a relative nature, subjectivity, and dispositions as well as relatives mutual stealing home and abroad are discussed. Secondly, in the crime of embezzlement "lawfully held as illegal possession" and "refuses to refund or refusal to surrender" and "hold his" focus on perspectives and views on the question. Again, copyright protection, and civil and criminal lawsuit model in cross-discussion of the issues presented in this case. Finally, through the legal issues involved in this case analysis of controversial issues, and put forward the existing defects relative specifications that are stolen, too narrow in our relatives’mutual stealing system, experienced larger gains of free, sentencing guidelines do not clearly and restrictions on the true meaning of victim issues is inadequate. The corresponding countermeasures and suggestions proposed in the legislation for the above shortcomings and deficiencies moderately expand the range of ’relative’, reduce free judgment define the standards for measuring punishment, as well as list the pirates among relatives in relatives’mutual stealing culpa. |
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