First, close relatives in civil proceedings.
1. Close relatives in civil litigation include: spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren.
2. Reference Law: The close relatives stipulated in Article 12 of Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law in People's Republic of China (PRC) include spouses, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren.
Second, close relatives in criminal proceedings.
1. According to the provisions of China's Criminal Procedure Law, close relatives in criminal proceedings include: husband, wife, father, mother, son, daughter, brothers and sisters.
2. Reference to the law: Article 108 of the Criminal Procedure Law? (6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.
Third, close relatives in administrative litigation.
1. According to the Supreme People's Court's judicial interpretation, close relatives in administrative proceedings include: spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, grandchildren and other dependent relatives.
2. refer to the law to attack intelligence:? Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China; "Close relatives" as stipulated in Article 24 of the Administrative Procedure Law include spouses, parents, children, brothers and sisters, grandparents, grandchildren, grandchildren and other relatives who have the relationship of support and maintenance.
In fact, close relatives have very important legal rights in both criminal law and civil law. In criminal law, close relatives can be divided into two aspects. One is the close relatives of criminal suspects and defendants, whose rights include: the right to apply for bail pending trial; The right to demand the cancellation of compulsory measures beyond the statutory time limit; The right of appeal with the consent of the defendant; The right of appeal against the effective judgment or ruling of the court; The right to know the verdict; The right to apply for an interview before the execution of the death penalty; Judicial personnel who are close relatives of criminal suspects or defendants have the right to act as defenders.
Second, the victim's close relatives, whose legal rights are: whether to agree to provide evidence for defense lawyers; The right to entrust an agent ad litem; The right of appeal against the effective judgment or ruling of the court; The right to file an incidental civil action; The right of appeal or prosecution against the decision of the procuratorate not to prosecute has been changed; In a case of criminal private prosecution, if the victim dies or loses his capacity, he has the right to bring a lawsuit to the court. In civil law, the close relatives of the parties enjoy wider rights, and the inheritance is inherited in the following order: the first order: spouse, children, parents; The second order: brothers and sisters, grandparents, grandparents. Children here include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency; Parents, including biological parents, adoptive parents and adoptive parents; Brothers and sisters, including brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and step-brothers and sisters with support.
Obviously, it is inappropriate for the criminal law to exclude grandparents, grandparents, grandchildren, half-brothers, half-brothers and sisters, and stepbrothers and sisters who are dependent from the scope of close relatives. From the perspective of kinship, grandparents, grandparents, grandchildren, brothers and sisters are second-degree relatives, the former is direct blood relatives, and the latter is collateral blood relatives. Therefore, it is meaningless for the criminal law to exclude grandparents, grandparents, grandchildren and grandchildren from relatives. Half-brothers and half-brothers are all natural blood relatives, no different from brothers and sisters. However, adoptive brothers and sisters and stepbrothers and sisters who have a relationship of maintenance enjoy the same rights and obligations as natural blood relatives. There is no reason to distinguish them. The discriminatory provisions in the criminal law are unreasonable and infringe on family relations.
In addition, due to the implementation of family planning, the number of relatives of teenagers is getting smaller and smaller. Nowadays, there are few "brothers and sisters" for children under the age of 20, and there are also a few half-brothers, half-brothers and stepsisters. Therefore, in this case, the scope of close relatives should not be too narrow. Coupled with the increase of floating population, there are fewer and fewer close relatives around people. If the parties are involved in criminal proceedings, few close relatives around them can't enjoy the rights of close relatives, which shows that the legislation is far from reality and needs to be revised.
It should be noted that in different lawsuits, the scope of close relatives stipulated by law is different. Sometimes grandparents are included in the scope of close relatives, but some lawsuits do not include these people. Therefore, you have to distinguish what kind of litigation you belong to in order to clarify the scope of close relatives.