Study On The Identity Of Relative In Criminal Law

Although the identity of relative has not been stipulated in our present criminal legislation,many articles of specific provisons of criminal law refer to it.This concept of criminal law has independent significance.Not only it differs from other department law,but also it has obvious difference with other similar concepts in criminal law,such as “family members,specific participant”.In criminal law,identity is important for conviction and sentencing,family status is not exceptional.In some specific crimes,this identity has an effect on conducting prosecution.Actually,many countries' criminal law concern the indentity of relative.Family status are always importantin both western countries' criminal law and ours,and whose main contents are:family concealment,infringement among relatives,regulation of minor guardian who performs rarely his or her obligation.Family concealment experienced from the mandatory obligation to rights.Relative crimes can be diveded into personal rights crime which should be heavier processed and property crime which show leniency.When the guaridan fails to perform obligation of attendance or his performance brings serious damage to pupil,or minor conduct serious illeal and crimes,he will be imposed criminal responsibility.Family relationship has certain ethical attributes,it must be taken into account when convicting and sentencing.On one hand,common sense such as relative relationship should be considerd.On the other hand,considering this identity is helpful to realise the principle of corresponding to the offense and the function of penalty.However,attaching excessively importance to of relative relationship to conviction and sentencing will also bring damages such as deviating from the equality principle,leading to too much emphasis of ethical factors,damaging the application stability of criminal law.There are flaws in our present criminal law :concepts of relatives are ambiguous,relative concealment is forbidden,the provisions are unfavorable to protect the interests of victim,the responbility of guaridan who fails to perform the obligation of attending the minor is vacant.So improving the statement is necessary.We should follow the guiding principles:strictly limit the scope of relative status,control the affection of the identity,decrease the number of articles concerning relative relationship.To our present criminal law,the following need to be done:clarifying the concept,exempting the relative concealment,inceresing the penalty to infringement of relatives' personal rights and decreasing the punishment to the criminal who infringe the property rights of his relatvies,regulation the guardians who refuse to perform his duty.