Qualitative Study On The Behavior Of Stealing Relatives' Property

Relatives property theft behavior refers to the familial relationship between the perpetrator and the victims, Someone stole another person's property for the purpose of illegal possession, to achieve the standard of conviction. "The most urgent task of kingcraft politics is to punish pirates and thieves." Theft has always been the focus of the fight against the ancient rulers, But theft among relatives has been able to get legislators' tolerance.Although there is no specific provisions relating to theft among relatives in the"Criminal Law" introduced in 1997, However, in 1984,1985,1992,1998 and 2013, a series of judicial interpretations have been introduced, and the theft behavior of relatives has been clearly defined.Above judicial interpretation in China has basically determined the principle that Relatives Stealing can not constitutes a crime in common case, even if it can constitutes a crime to lenient punishment. But the judicial interpretation remains unclear in the range of relatives, property range, the standards between crime or other behavior. That increases the difficulty in judicial practice. Therefore, we should strengthen theoretical study on this issue, in order to protect the justice in the judicial practice, not only to maintain the harmonious family ethics, but also to adhere to the bottom line of the law.This paper is divided into four chapters.The first chapter discusses the practical and theoretical problems of identifying relatives property theft behavior. First from the social reality of the case, we find that there are some confusion and randomness in the judicial practice. There are also great differences in the results of the case. Secondly, there are many problems in theory, such as "relatives", "property" and other concepts are not clear, the standard boundary of a crime is unknown.The second chapter discusses how to identify specific property theft between relatives, That is what is the scope of the criminal law to admit.The third chapter discusses the boundaries between property crime and property disputes, in other words, it is the standard. Search for solution to the problem from the legislative intent, drawing outside the jurisdiction of the legislation and the actual situation of our country.The fourth chapter puts forward some suggestions on how to perfect the law expecting to further improve the content and procedures...