History and Study about Relatives Theft

• Main Authors: TSENG, YU-HENG, 曾郁恆
• Other Authors: HUANG, YUAN-SHENG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/sg54kx

碩士 === 輔仁大學 === 法律學系 === 107 === In the society, offences of larceny occur frequently, and there is a special provision for larceny in modern Criminal Code Article 324. If offences of larceny are committed among relatives, like lineal blood relatives, spouses, or other relatives who live together and share their property, the punishment may be remitted or indictable only upon complaint. But why do the relatives have this privilege？In fact, relatives theft is an old law in the traditional Criminal Code of China’s imperial system, and experienced the period of legislation reforms of the late Ｑing Dynasty. The traditional law had been altered by the new western legal thought, but the spirit of relatives theft still exists . This is not by chance. This paper starts with the development of relatives theft in traditional China to modern China, explores the reason why relatives theft is treated tolerant, and analyses the tendency of this ethical rule. Finally, it offers some suggestions for the future reform.