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家庭内部的财产盗窃,主要指同家共居的亲属相盗窃。该行为是一个涉及伦理、亲情和社会秩序实现等复杂关系的问题。研究家庭内盗法律问题对完善我国法制具有重要意义。对历来有较强家族观念的我国来说,家庭内盗限定在财产没有分割的同财产共居的亲属间的观念是不易被接受的。我国目前法律没有关于家庭内盗的明确规定,相关司法解释也不够明确。综合比较各国立法,本文认为,我国立法应从量刑方面、起刑点、罪的处理等方面完善我国立法。
Theft of property inside a home mainly refers to theft by relatives living in the same home. This behavior is a question concerning the complex relationship between ethics, affection and the realization of social order. Studying the theft problem in the family is of great significance to perfecting the legal system of our country. For our country, which has always had a strong sense of clan, the idea of inter-family piracy, which defines the relationship between relatives living in common property without the partition of property, is unacceptable. At present, our country does not have any explicit provisions on family theft and the relevant judicial interpretations are not clear enough. Based on a comprehensive comparison of national legislation, this paper argues that our legislation should improve our legislation in terms of sentencing, torture and crime.