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亲属相犯行为包括亲属间犯罪和容隐行为,其行为不仅违犯法律规范,也损害伦理规范。现行《刑法》把亲属间虐待、遗弃、包庇等行为规定为犯罪,1984年以来先后7次对亲属间的盗窃、抢夺等行为做了司法解释,这些不足以解决司法实践中发生各类亲属相犯行为。对于这些行为,如严格按照法律定罪量刑,难免损害伦理关系,影响家庭和睦,甚至社会稳定,也有悖于法律理念。我们应大胆吸收古代亲属相犯制度中合理的精神、借鉴国外亲属相犯行为的立法经验及当前法律与伦理关系研究主要成就,完善我国亲属相犯行为的定罪量刑制度。
Kinship between relatives includes the crime and concealment behavior of relatives, whose behavior not only violates the law norms, but also undermines the ethical norms. The current Penal Code criminalizes abuse, abandonment and harboring of relatives. Since 1984, it has conducted judicial interpretation on the theft and robbery of relatives for seven times since 1984, which are not enough to solve the problems of various kinds of relatives in judicial practice Committed behavior. For these acts, such as the conviction and sentencing in strict accordance with the law will inevitably undermine the ethical relations, affecting family harmony and even social stability, but also against the concept of law. We should boldly absorb the reasonable spirit in the system of ancient relatives’ crime and draw lessons from the legislative experience of the behavior of relatives in foreign countries and the relationship between the current law and ethics to study the major achievements and improve the system of criminalization and sentencing of the behavior of relatives in our country.