Study On Lenient Punishment Of Theft Between Relatives

Theft between relatives is a special case in theft crimes. From a literal interpretation of theft between relatives is to steal the relatives’ property. Because of the special relationship between the inflicter and the victim, when the judges deal with the cases of theft between relatives, they often treat with such cases in a lenient way.Under such circumstance, the word “leniency” has two different meanings. The first one is that the act of theft between relatives should not be treated as a crime. The second one is that the act of theft between relatives can be sentenced in a lenient way.However, Chinese Criminal Law did not provide a clear standard about how to treat with the act of theft between relatives in a lenient way.To solve the problem, firstly, we should understand the meaning of theft between relatives. Actually, the act of theft between relatives refers to the act of theft which happens between family members. This kind of act has three distinguishing features.First one is the special legal subjects. The second one is the peaceful way of act. The third one is the sustainable attitude towards the inflicter. Owing to three above features, many countries in the world treat with the act of theft between relatives in a lenient way. About the reason why people treat with this act in a lenient way, different people have different opinions. There are four main theories. Every theory has its own gist and reasons, and every theory also has defects. In China, there are many problems with the laws and regulations involved the theft between relatives, such as the vague scope of subjects, the indistinct sentencing criterion,etc. To avoid these problems,people should improving the relevant laws and regulations from the following respects. Firstly, people should enlarge the scope of relatives. Secondly, people should know the specific incriminated conditions. Thirdly, people should clear the specific sentencing criterion.