“Concealing Between The Relatives” Law Ethical Thinking

In the ancient Chinese legal system,“The concealing between relatives” is an important system in the legal system. This system reflects the ethical principles advocated by Confucianism. For thousands of years of feudal society in China, in order to maintain the feudal rule and the social stability, All previous dynasties rulers used for this system. But, after the founding of new China,due to historical reasons and social reasons,Completely denied the system in the legislative practice in our country. "Hong Kong, Macao and Taiwan regions are set to reflect the protection of human rights and the maintenance of human relations affection“the concealing between relatives”system. In recent years, Chinese legal circles and ethics session have expanded a widely discussion to “the concealing between relatives” system, although there are still different perspectives debate, most scholars considered that deny “The concealing between relatives” in the law makes the society as a whole the cost of ethics. Overall, Academia tend to be conditional, limited affirmed “the concealing between relatives” system.Investigate its reason, scholars are fully considered the " human " values, order value, harmonious value ";but, some scholars have put forward "The concealing between relatives" system brought about by the social loss should be the problems we consider.This requests us when we use of "The concealing between relatives" system,shoud make a certain limit,looking for the equilibrium point of "The concealing between relatives" system and the law.Legal value and ethics value is that we will encounter in our daily life.The current legislative denied "The concealing between relatives" system, so that people are faced with the national obligations and family obligations conflict. People’s rational demand themselves to comply with the law to avoid bear legal punishment, People’s perceptual demand themselves to follow the basic morality.This is a legal requirement isn’t consistent with the requirements of human nature.The existence of "The concealing between relatives" system can solve this problem effectively,To adjust the contradiction between the law and the family. Of course, when be confronted with the value conflicts, pay attention to the principle of priority, "The concealing between relatives" system should not still be allowed when serious harm the interests of the state.In the background of building a harmonious society in China today, we should be more embody humanistic care in the legal system, respect for people’s ethics demand. the paper uses the knowledge of ethical and legal disciplines, using a variety of methods, “The concealing between relatives” system of reasonable analysis aims to analyze the“the concealing between relatives” system into the law of necessity, looking forward to the current legal system of the relevant specification to give effective suggestions.