Research On The Influence Of Family Status On Conviction And Sentencing

In criminal justice practice,in addition to abuse and abandonment,theft,vandalism,arson,intentional injury,and intentional killing often occur among family members.Many people think that family members should not be exposed.The belief that the behavior of family members such as husband and wife fighting and corporal punishment of children is a "domestic matter" rather than a crime has always influenced our country's legislative and judicial attitudes.At the same time,some crimes against family members have family type,concealment,continuous and progressive nature,social danger and subjective evil are even more serious,depending on the family status can be reduced,reduced or exempted from punishment,cannot form a deterrent effect,which has led criminals to use this as a basis.There are flukes,more crimes,and more crimes.This is compounded by the lack of judicial involvement in such crimes and the difficulty of searching for evidence within the family.Family status has a tendency to be unduly diluted in judicial practice and cannot reflect the fairness of the law.Taking the family status as the core issue,this paper studies the family status' s light treatment of the conviction and sentence,which is indeed beneficial to ensure the maintenance of the original family relationship,the rehabilitation of probation crimes,and the solution of social conflicts.However,in some cases,there are also situations in which victims are afraid or unable to tell and cannot form a deterrent,leading to repeated crimes,a culture in which parental power is higher than human rights,and breeding more crimes.Therefore,we must face up to the deep-rooted rule of identity,but we cannot simply seek ways to correctly distinguish between domestic disputes and criminal offences,treat domestic violence,correctly identify bad circumstances,and reasonably recognize self-defense in cases of crimes against family members.As well as a careful examination of sentencing methods that provide for compensation and understanding among family members,the reasonable application of sentencing circumstances,and the strengthening and strengthening of the protection of special groups,and that the scientific determination of family status should affect their conviction and sentence,but should also be limited to a reasonable extent,The protection of parental rights should not go beyond the protection of human rights.