On The Crime Of Kinship Piracy In Ancient China And Its Modern Significance

Due to the existence of relatives,we need to consider many factors such as law,human nature and family tradition when dealing with it.We should not only ensure the authority and equality of the law,but also respect the family's unique life style,protect the rights and interests of victims,and safeguard the harmony of the family as a whole.The main idea of this paper is based on the relationship between relatives.Firstly,the concept of the crime of relatives embezzlement is discriminated,and the development and reasons of the legislation of the crime of relatives embezzlement in ancient China are investigated.Secondly,it introduces the relevant provisions of foreign countries.Finally,the main problems existing in the current provisions on the crime of relatives theft are discussed,and some suggestions are put forward to improve the relevant provisions in the judicial interpretation.This paper is divided into five chapters to discuss the above issues.Part ?:Discrimination of the crime of stealing relatives.Firstly,the development of the crime of theft by relatives in ancient China is investigated,and the connotation of the concept of the crime of theft by relatives is clarified.Secondly,it explores the relationship between the crime of relatives theft and the system of relatives concealment,and further clarifies the extension of the crime of relatives theft.Part ?:The historical evolution of legislation on the crime of relative theft in ancient China.This part mainly introduces the special provisions on the crime of relative theft in ancient China,based on the generation,perfection and some changes of the legislation of relative theft.Part ?:The historical origin and evolution reason of the legislation of the crime of relative theft in our country.This paper investigates the historical reasons for the emergence of the crime of relative theft in ancient China and the changes in its development.Part ?:Relevant provisions of the crime of relative theft abroad and its evaluation at home and abroad.Firstly,the foreign regulations on the crime of relative theft are introduced.Secondly,it compares and analyses the agreements of the special provisions on the crime of relative theft at home and abroad,and explores their common value choices.Part ?:The modern significance of the crime of relative theft and its inheritance and perfection in legislation.This paper demonstrates the significance of making special provisions for the crime of relative theft in our country at present.This paper analyses the special provisions on the crime of relative theft in our country at present,and studies some problems on the crime of relative theft,mainly discussing the definition of the relationship between relatives,the identification of property,and the criminal responsibility of the crime of relative theft.Finally,some suggestions are put forward to improve the criminal procedure and substance of the provisions of relative theft in our country.