Simply Analyze China's Latent System In Ancient Times And Modern Value

Latent system is an important legal system in the ancient China and a representative combining the laws with manners. There is a realistic value to review the system today in building up a harmonious society of socialism with Chinese characteristic. The production and development of this system has experienced a long course with a continuous line from pre-Qin dynasty to the Republic of China, it adjusts hide crime among relatives, testimony person who exempt from issues with law characteristic of strong ethics, makes great efforts to court the harmony of individual and family, individual and society. It goes through a transition from moral criterion to legal system, obligation to right, and one-way to both ways. The characteristics of combination laws with manners come to true. This system reflects the respect of the human nature and care, the idea that the law does not saddle with a difficult task accord with law spirit, help social benefit to realize social values of law furthermore, establish an equilibrium among individual, family and social interests. This value should be played, and the rights of refusal of a witness and hiding crimes of relatives should be gifted. The case of private prosecution of insulting, slandering etc., continues following the principle of" not suing paying no attention to".There are five parts. The first one simply introduces the production and development from pre-Qin, the Republic of China, and to today's Taiwan. Let's grasp the development through tracing the source. The second one mainly discuss the development characteristic, summarize some laws, for example, from obligations to rights, one-way to both ways, and changes ways, and so on. The third one introduces the reasonable analysis and today's situations. Proper effects that this system produced and side effects are analyzed. The fourth one talks about the imagination of construction of this system taking foreign countries'legislation as a reference, continent laws and Britain and American laws included. A new system together with historic heritage and real need is constructed. The last part is a conclusion with a fine expectation on our special latent system.