Research On The History Of Concealment Between Relatives

When one person's close relative commits a crime and at the same time he or she happens to know this case, whether he or she incurs an obligation to bear witness. With regard to this problem, different legal systems deal with it in different approaches. Generally speaking, three ways will be involved. First, he or she still incurs an obligation to bear witness; second, he or she enjoys a right not to bear witness; third, he or she not only doesn't incur an obligation to bear witness, but incurs an obligation to conceal the case. In China, these three approaches have been reflected in history, namely, the legal system of "concealment between relatives"; the legal system of "the privilege of the relatives as witness"; the legal system of "relatives testify compulsorily". In history, the legal system of "concealment between relatives" appears in first; therefore it has a deep influence to the later legal systems. In this context, the latter two systems can be seen as the deformation of the first system. According to the existing law, the legal system of "relatives testify compulsorily" is approved, which is not suitable for the background of the reform and openness. When our country constructs the legal system of "special immunity of the relatives as witness", we should learn foreign legislative experience and fully consider current conditions and historical traditions.This thesis is divided into three parts.The first part analyzes the "concealment between relatives" from an idealistic perspective. It includes two aspects. On one hand, on the basis of one old story, the thesis analyses the conflict between loyalty and filial piety and the fusion between loyalty and filial piety under the feudal autocratic ideology. On the other hand, from the ethical point of view, the "concealment between relatives" is regarded as an act of bending law for personal gain and also as a virtue.The second part reviews the development history of the "concealment between relatives". First, the thesis generally introduces the "concealment between relatives". Second, the thesis mainly introduces the development of the "concealment between relatives" in Republican period. Third, the thesis represents the abolishment of "the privilege of relatives as witness" after the new China was founded.The third part discusses in the present situation some problems should be paid attention to when the legal system of "the privilege of the relatives as witness" is constructed, mainly including background, legitimacy, some specific provisions and proceedings.