On private prosecution for encroachment upon property owned by close relative;

Based on the human nature,the human rights,the reality of our society and the experience of legislating at all times and in all countries,the duty that the close relative gives testimony should be avoided.

In accordance of the individualism and the characteristic of our country original legislation,the author adopts the concrete definition principle which is one of the legislation patterns,unified the concept of relative in various department laws,and then defines the scope of close relative.

The legislation on moral damage to near relatives is so general in our country.

In judicial practice, such acts are common as stealing the property of one s own or near relatives, stealing the community property, illegally acquiring the property of the dead, stealing one s property which has already been confiscated and steal.

Basis of social,ethical,utilitarian,cultural,theoretical and of the rule of law are provided to pay attention to near relatives\' proceeding status and proceeding right.