The Evaluation Of The Criminal Law Of Kinship Identity

Relative status is always a part of criminal law practice.In ancient Chinese criminal law,whether conviction or sentencing is a necessary reference.The ancient system of "invisibility of relatives" conformed to the spirit of etiquette and law of the society at that time and could effectively maintain social order.The relevant provisions of its legal content were recognized until the founding of New China.After the founding of New China,the provisions of kinship status in law were banned under the influence of the trend of de-ethicalization of criminal law.Relative status is the key to maintain relatives and maintain social order,and its influence is everywhere.However,the current criminal law of our country lacks provisions in this respect.However,in judicial practice,it is inevitable that criminal cases involve kinship status.The lack of the content of kinship status in criminal law makes judicial personnel often in a dilemma when dealing with relevant cases.The lack of theory inevitably leads to the failure of practice.Relative status plays an important role in correctly convicting and sentencing and balancing the relationship between law and human feelings.At the same time,due to the lack of relevant provisions in our country,the personal crime between relatives has the problem of light sentencing.Without effective regulation of criminal acts,criminals become fearless and criminal activities become more rampant.In order to maintain family peace,social harmony and legal authority,it is necessary to incorporate the theory of kinship status into the law.This article intends to evaluate the kinship status of the existing laws in China from five parts:In the first part,the author gradually extends the definition of kinship from the explanation of the meaning of identity to the connotation of kinship identity,and compares the provisions of other department laws on kinship identity,hoping to make a more precise definition of kinship identity in criminal law,and preliminarily explores the significance of determining the legal content of kinship identity.The second part summarizes the previous provisions in China's legislation,and evaluates and reflects on China's current criminal legislation by complying with the provisions of kinship status in China's laws from ancient times to present.The content of this part is analyzed and discussed from three aspects: general rules,sub-rules and judicial interpretation.The third part is about the application of kinship status in China's legal practice,and discusses its role in conviction and sentencing in the way of examples.From the perspective of distinguishing crime from non-crime,this crime from that crime and its impact on the severity of sentencing,this paper explores the role of kinship status and the problems of improper sentencing or abuse of judicial power caused by the lack of kinship status provisions in China's practice,as well as the author's personal opinions.The fourth part is to summarize some problems concerning the content of kinship status in Chinese legislation,such as vague boundaries of the relevant concepts of kinship status,abuse of kinship status in practice,and lack of provisions on kinship concealment.The fifth part is the corresponding suggestions to improve the existing problems of kinship status in China.On the basis of certain guiding principles,we should increase the system of concealment of relatives,revise and refine the provisions on property crimes between relatives,and increase and modify the provisions on human crimes among relatives.