Criminal Responsibility Of Relatives Stealing From Each Other

The relative thief is a special form of theft and is a theft of kinship between the actor and the victim.Since the beginning of the Qin dynasty,China has specially regulated the thief of relatives.The civil law system,the common law system countries and the Taiwan region of China also have special legislation on the family thief system.However,in the new Chinese legislation,all kinds of criminal legislation have been There is no provision for a system of relatives' piracy,which is only mentioned in the judicial interpretation.Relative thieves are different from ordinary theft and should be treated differently and treated differently.The main reasons are: First,the evaluation of the harmfulness of behavior is not simply a factual evaluation,but also a normative evaluation.For the relative thief,the biggest characteristic is that it only occurs between certain relatives.The general public has higher tolerance for relatives' thieves,and the public's antisocial evaluation of the behavior is reduced.Second,the theory of restorative justice believes that the purpose of punishment is to eliminate the violation of legal interests,and its focus is on "restoration" and return to a harmonious and stable social relationship that was not destroyed before the crime.The theft between relatives,if the victim and the interactor have been dealt with internally,and a consensus has been reached,the social relationship destroyed by the theft has been repaired,and the criminal law as the final safeguard,there is no need for intervention..Third,the theory of need for punishment.From the systematic consideration of the elements of class hierarchy,the criminal responsibility of a harmful act depends on the two dimensions of justice and efficiency of criminal law intervention.The former test standard is called punishment(penalty),including defamation and illegality.There are three requirements for responsibility.The latter's test criteria are called penalties,including considerations such as the protection of relevant legal benefits and the necessity of prevention.The act of stealing the common property of family members is not a theft of the property of others,and does not have a penalty.The theft of family members' personal property is different from the general theft.The intervention of penalties may damage the family function and the interests of the victims.The penalties and penalties are also significantly lower than the general theft.In the piracy of relatives,the nature of the relatives' identity is roughly the same as the illegal identity,the responsible identity,and the criminal policy.However,each doctrine has its own flaws.This article is in favor of the idea of a need for a punitive identity.That is,whether a relative's thief is guilty should be based on whether the effect of the penalty intervention contributes to the realization of the purpose of punishment.As a result,relatives and outsiders collude to carry out the act of stealing relatives' property,and the injured relatives must not be absolutely exempt from criminal responsibility.If necessary,the criminal responsibility of the perpetrator must still be investigated,but it needs to be treated differently when it is applied.There are many problems in the judicial interpretation of relatives in China.For example,the scope of relatives is narrow,the expression is ambiguous,the standard of sentencing is unscientific,the status of the victim is relatively passive,and the law is suspected.The author believes that the relative thief system should be written into the current criminal code,the legislative conception of the relative thief system of our country should be put forward,the scope of "relatives" should be expanded,the standard of stipulation of sentencing should be clearly defined,the handling mode of the crime of prosecution should be established,and the procedure decision of the victim should be respected.right.The criminalization of the system of relatives and thieves is a requirement of the rule of law in socialism with Chinese characteristics.The system of relatives and thieves is subject to special regulation in criminal law.It not only demonstrates the humanity based on family ethics,but also has particularly important social values.