Research On The Behavior Of Stealing Relatives’ Property From The Perspective Of Criminal Law

The behavior of stealing relatives’ property refers to the act of one party stealing the property of a close relative or family member for the purpose of illegal possession,which is met the conviction standard.The Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Theft(hereinafter referred to as 2013 Interpretation of Theft)provided the provisions for tolerance of relative theft,but no specific standards are given.In practice,there is a lack of operability,and there are still many issues that need further discussion on many issues.Therefore,in order to prevent deviations in the application of 2013 Interpretation of Theft in judicial practice,careful examination and in-depth reflection on this provision have become an urgent task.This article will elaborate on the following five aspects,and outline the theoretical system and research framework of the research on relative theft behavior:The first chapter is an overview of the theft of relatives.This chapter first defines the meaning of relatives and relatives’ theft behavior,and compares the concepts of relatives,close relatives and family members,and discusses the scope of the theft by the actor in relatives’ theft.The relatives referred to in this article are the general term of close relatives and family members.The scope of the theft object of relative theft depends on the legal benefits of the theft crime,and the possession theory is more reasonable.Therefore,the theft of property that is not owned by close relatives or family members should also be included in relative theft.The relatives’ theft referred to in this article specifically refers to acts that occur between close relatives or family members,conform to the stipulations of the crime of theft prescribed by China’s Criminal Law,and are at least superficially illegal.The second chapter is a legal investigation of the theft of relatives.This chapter starts with the legislative investigation and judicial investigation of relatives’ theft,based on the introduction of the legislative provisions on the theft of relatives in ancient China and outside the country,and the introduction of the judicial interpretation of the theft of relatives in the new China.The similarities and differences of the criminal law evaluation of the theft relatives between the law at home and abroad are discussed.By comparing the legislation and judicial regulations of provisions of domestic and foreign,the common points of the criminal law evaluation of relatives’ theft in China and foreign countries are derived from the leniency evaluation,and the difference is reflected in the choice of the path of leniency in the criminal law of relatives’ theft.Through a judicial practice,we can see the current status of judicial application of 2013 Interpretation of Theft: the definition of ‘near relatives’ and ‘family members’ is not clear.The boundaries between ‘crime’ and ‘non-crime’ are also ambiguous,so further clarification is urgently needed.The third chapter will discuss the basis of the leniency evaluation of the criminal law on the theft of relatives.Regarding this issue,there are ‘ obstruction and reduction of punishment theory’,‘obstruction and reduction of responsibility theory’,‘obstruction of punishment by personal cause theory’,‘comprehensive theory’,and ‘family relationship theory ’.All of the above doctrines have certain limitations,and they cannot fully explain the basis for leniency evaluation of the Criminal Law in China.In our country,the basis for the leniency evaluation of the criminal law of relative theft should be based on the priority of family policy and the victim ’s understanding.The fourth chapter discusses the application scope of the leniency assessment of the criminal law of relatives’ theft,including the connotation of close relatives and family members,and the exceptions to the leniency assessment of the criminal law of the theft of relatives.The definition of this issue should be based on the requirements of the specific family ethics and family concept in the era.At this stage,the ‘close relatives’ should include the blood relatives within three generations and the direct in-laws within two generations in addition to the personnel specified in the Criminal Procedure Law.In addition to close relatives,‘family members’ should also include blood relatives within five generations who live together with each other.The restrictions on the lenient evaluation of the criminal law on the theft of relatives should be based on comprehensive judgment based on factors such as the purpose of the property,the amount of the property,and the subjective malignancy of the defendant.The fifth chapter is about the practice of leniency evaluation in the criminal law of the theft of relatives.The issue of joint crime between relatives and non-relatives,and misunderstanding of kinship are two common problems in the judicial practice of relative theft.In this chapter,we will propose solutions to these two issues from the perspective of family policy priority and victim understanding.On the issue of joint crimes,those who have status are helping or inciting offenders,even if the defendant is understood by their relatives,he should also bear criminal responsibility..In the case of misunderstanding of kinship,when the theft of a relative’s property is mistaken for the property of a non-relative,the leniency punishment for relative theft can be applied to the perpetrator;If the property of non-relatives is mistaken for the property of relatives and theft is carried out,the special provisions for relative theft shall not apply.