Research On Internal Theft Of Family Members

The family is the basic unit of society. The internal stability of the family is also part of the harmonious society. So, the stability and harmony of the internal relations of the family will affect the stability and harmony of the society indirectly. Theft among family members is more common in real life. Because the harm caused by the theft of family members is relatively small, the judicial interpretation adopts the principle of discretion lenient. Because the law of our country is short of the stipulation of this kind of problem, there is only a single provision. The ambiguity of the conviction and sentencing standards has seriously hindered the scientific regulation of this kind of problem in the judicial practice. It is necessary to make a careful study on the related issues of theft in the family members.Through the analysis of the legislative history of the theft of internal members of our family, we can find that the problem of "stealing of relatives" has been clearly defined in ancient China. For example, the Qin Dynasty, Tang Dynasty, Qing Dynasty and the Republic of China. At present, our country has not made explicit provisions on the theft of family members in the penal code. There is a certain provisions in judicial interpretation. By comparing the relevant legislation in some countries and regions, combining the basic principle of equality before the law of our country, we should recognize the particularity and complexity of the theft of the family members, and deal with it leniently. "Family members" should include three parts of family members, close relatives and other family members living together. "Theft of property within the family members" includes property and property interests. We also deal with the behavior of people’s property and close relatives or family members property, close relatives or family members and others to effectively define the property.Finally, in view of our country current practice in the existence of the main scope of the narrow, conviction and sentencing standards fuzzy and the victim to be held responsible for the behavior of the lack of responsibility and other issues, we should through a modest expansion of relatives theft subject scope, improve the allocation of legislative, clear conviction and sentencing standards and to establish a complaint mode and ways to improve.