Modernized Construction Of Relatives Concealment System

The relatives concealment system was an important legal system of our ancient times. From Spring and Autumn Period time's"Father and son hide each other", to Han Dynasty's"Relatives conceal each other", then to the most perfect law-Tang law, the relatives concealment system had displayed influential role in maintaining family love and ethics in the course of self-perfection. At the same time, it is now being established by many East-West nations. Ancient times even contemporary various countries chose the relatives concealment system, it is not a historical coincidence. It is precisely because the relatives concealment system fully considerate human relations, morals ,the family love and human nature. Our current criminal legislation does not have the official establishment to the relatives concealment system, but it cannot deny ethics and human nature. Therefore, this article attempts to make some tentative plans to the construction of the relatives concealment system, hoping to be benefit to our criminal legislation and make up regretting of this lost treasure.Except the introductory remarks and the conclusion, the main text of this article altogether divides into three chapters: The first chapter is the historical evolution of the relatives concealment system inside and outside our country. This chapter firstly reviewed our traditional relatives concealment system's evolution process, and analyzed the reason why we now reject this system ; Then inspect other countries'relatives concealment system. Finally compares our tradition one to the modern relatives concealment system and analyzes their intrinsic attribute difference.The second chapter is the rationale of the construction of the relatives concealment system. This chapter first analyzed its ethics morals foundation, points out that it has manifested concern to human nature protecting, helped to keep stable families and the harmonious society; Next analyzes its legal base, obtains the conclusion that it conforms to the modest and restrained, humanity value of criminal law, conforms to the anticipation possible theory, satisfied criminal law efficient request, and fit the existing related system of criminal law. Then is the barrier of the construction of the relatives concealment system. It analyzed conflicts and balance between this system with some values such as equal principal, country value and efficient. Although in the movement process, the conflicts cannot be eliminated completely, but may be alleviated to a suitable coordinated condition.The third chapter is the construction of the relatives concealment system in the criminal law. This chapter clears the principle that the system should follow, that is all people should be equal and rights principal, conceived the construction and the concrete article design in the criminal law and the Law of Criminal Procedure.