摘要
Abstract
The protection of family order by criminal law is achieved through combating criminal acts that disrupt family order.The dilemmas in criminal law's intervention in family order are manifested as ambiguities in the scope of family members under criminal law,unclear criteria for decriminalizing property crimes among family members,and absence of accountability standards for personal crimes within families.The theoretical foundation for criminal law's intervention in family order should focus on the essential nature of families,the normative purpose theory of family values,the theory of atonement and the restorability of legal interests in crimes,as well as the principles of distributive justice and protection of vulnerable individuals.To resolve these dilemmas,a comprehensive criterion for identifying family members in criminal law should be established,encompassing"objective facts of sustained and stable familial cohabitation,public representation as spouses or an intimate community,and a minimum level of emotional interdependence."For decriminalizing property crimes among family members,a discretionary non-prosecution model should be prioritized with a mandatory non-prosecution one as a second choice.In cases where legal interests cannot be restored,there is no room to accommodate the victim's will;where legal interests need no restoration,there is no justification for rigid legal enforcement;and where legal interests are restorable,both strict legal adherence and respect for the victim's will should be considered,as both contribute to restoring legal interests.关键词
家庭秩序/家庭成员/家庭暴力/伦理道德/宽严相济Key words
family order/family members/domestic violence/ethics and morality/balancing leniency and severity分类
社会科学
