On The Influence Of Relatives' Identities On Conviction And Sentencing

Relative status is a factor of criminal law is unable to avoid, historically, in our country based on the relative status of criminal law is an important part of both the constitutive requirements of crime and sentencing discretion has important influence. The ancient "close relatives" system because of its effective maintaining social order, by the social ethics and laws of the building has been surviving to before the founding of new China. After the founding of new China, the relative status of the influence of criminal legislation in our country gradually cool. As maintain ties of the ethical order of the society, family status although didn't get embody in the criminal legislation, but in the judicial practice in our country, relative identity affect criminal conviction sentencing is everywhere. Orientation of relatives in the identification of the criminal law makes people missing when faced with a choice between ethical laws and national obligations are often in a dilemma, relative status of rational rational return to balance the right and the criterion for the conviction of maintaining social ethical order has a significant impact. This article from the relative status of criminal convictions and discusses the influence of sentencing is divided into four parts:The first part of the relative status of text and legal interpretation, by measuring the Chinese and foreign ancient and modern, the other part of the law about family status of interpretation, in order to more precisely defined relatives on criminal law status. The second part adopts the method of comparison of foreign and Chinese relatives of status in criminal law of the research analysis, provide certain reference for the present criminal law in China.The third part is the current to our country criminal law about the relative status of carries on the discussion, to understand the relative identity affect criminal conviction and sentencing,from two aspects of theoretical basis and judicial practice family status, the necessity and rationality of which discuss its feasibility in criminal law. The fourth part is to build in accordance with the reality of the relative legal system of identity, from the substantive law and procedural law two aspects to carry on the design, can look forward to the relative status of rational regression in criminal legislation in our country, the criminal conviction and sentencing to make the right guidance, to maintain social order and justice.