The Chinese System Of Concealing Between The Relatives And Its Modern Legislation Consideration

In china history, Avoidance of Relative Being Witness System is defined as following:people can hide, refuse to stand witness and help to run away, and are not responsible to proof without being punished or just mitigated punishment. And if denounce or witness a relative, people shall be accused. This system existed in China traditional law systems for over 2000 years and played a very important role. The philosophy of legal protection between relatives originated in Confucianism classical works and is continue of the Rites of the Zhou philosophy of Respect Relatives. This leangle philosophy was introduced in West Han dynasty and the Avoidance of Relative Being Witness System was established. It was improved in Sui and Tang dynasties. This system went down in Qing dynasty and came to the end when the PRC is established.This paper studies the common and differences of the Avoidance of Relative Being Witness System in China and other countries. From the comparison of the value in modern and ancient times, the writer gives his opinion and suggestion. The first part of the paper tells the historical background, development and defines the relative regulations. It explained the reasonable value of the system which is very important in china history.In the second part, the writer puts the Avoidance of Relative Being Witness System regulations in order. After compared the System in China and other countries, the writer tells the common and differences. It goes to the conclusion that in different times and different countries, concealment system is regulated. This reflected the common and longevity of this system.The third part analyses the status of the Avoidance of Relative Being Witness System in modern laws in China. It tells the reasons and disadvantages of this law system, and then explains the modern law value of the Avoidance of Relative Being Witness System. In conclusion, the writer gives reasonable suggestions on how to establish Avoidance of Relative Being Witness System in modern legislation...