The Status And Of Affection Crime

Domestic crime refers to the crime around the kinship. With the rapid development of economic society, the social wealth has increased and the people’s living standard has also increasingly improved. While the negative effects brought by the rapid economic and social development have also emerged:the diversification of interest conflict and intensification of social contradictions make the traditional family relationships under attack, the originally stable kinship also become anomaly vulnerable, the domestic crime occurs frequently, which has not only destroyed the family harmony and the social stability, but also severely disrupted the order of public security and had a deep hazard. However, in view of the particularity of the domestic crime, now the researches both on the academic theory and judicial practice are still inadequate, whose depth and breadth on the domestic crime are not enough. Therefore, it is particularly important to further and systematacially study the domestic crime. Through the empirical analysis of the selected specific case samples, this paper summarized the current situation of the domestic crime, analyzed its reasons and found out the effective countermeasure to prevent and strike the domestic crimes. Based on the relationship between the trespassers and the infringed party, the domestic crime can be roughly divided into the crimes between the relatives and the crimes caused for protecting the kinship. In recent years, the domestic crime has presented new trends and characteristics, mainly including that the crimes by the youth is at high proportion and assumes the low age tendency, the cultural degree of the criminal is generally low, male crimes account for the majority, the problems of the rural residents are highlighted; the reasons of the crimes are mainly characterized by the diversification of the temptation and its contingency; the infringement relationships are complex, the proportion of the crimes between the relatives are on the rise; the suspected charge mainly characterized by the diversity of the objects of infringement and the prominent vicious crimes of the infringement on the rights of the person; the status of executed judgment tends to mitigation. The domestic crimes seem to be the behavior of a special group, but the particularity of this kind of crime can reflect the problems in many aspects, such as the society, justice, family, personal, and so on. By combining with the characteristics of the domestic crime, this paper extracted part of the representative illustrative cases from the sample data, and deeply analyzed the causes of the domestic crime:The social aspect is mainly characterized by the intensified conflicts of the economic subject, the declining of morality, the misconduct of school education, and the imperfect of the dispute mediation mechanism; At the judicial level, the problems mainly are that the law is legging behind, the measures of preventing and striking the crimes are not improper,and the assessment and warning mechanism are imperfect;at the family level, it is characterized by the accumulation of vicious mood and the lack of education; at the individual level,it shows the poor conception of law, the low cultural quality and the defects in character. This paper has put forward countermeasures to the domestic crimes according to the problems reflected by the domestic crimes:first:improve the integrated prevention system against the domestic crimes;second:strengthen the legislation and judicial intervention; third:make efforts to improve the educational level. Of course, as other crimes, the domestic crime can not be dissolve overnight or by a decree. It needs the joint effort from the state, society, families, every person, in which, the improvement of the national policies and regulations and the changes of social environment have a more significant effect on the prevention of the domestic crimes.