Reconstruction Of The Relatives Hidden System In Chinese Criminal Law System

In this paper, on the basis of predecessor's achievements, Using historical research method and comparison research method, in order to build the socialist law system with Chinese characteristics, based on the study on the path of traditional Chinese legal system and western legal system, and combined with results of the related problems inquiry, research the flaw and root of the relatives hidden system in Chinese criminal law from the positive and negative aspects, and analyze the contemporary value and Legislative issues about the relatives hidden system.This paper includes preface, body, and conclusion parts.Preface part is simply introduced the reason of writing this paper and the focus of academic debate.Body part is composed by five questions: The first, discuss the drawbacks and root of the relaives hidden system in the criminal law system. Because of China's society heavy overall and light individual, heavy duty and light right, heavy class nature and light human nature, and heavy substance and light procedure, heavy results and light means, the lack of relative hidden system not only violating the human nature and Chinese traditional culture, but also making the legal concept fall into embarrassing,it is unfavourable to the construction of harmonious society ,the socialist legal construction and human rights development. The second, discuss the relatives hidden system's status in chinese legal history, distinguish the three concepts of the relatives hidden system,crime between relatives and litigation between relatives,briefly explain the development process of relatives hidden system from theory to practice.The third, expounds the relatives hidden system in western countries to explain the similarities and differences of relatives hidden system, western theory of expectation of possibility and silence right.The fourth, discuss the legal, value, social and economic value of relatives hidden system.The fifth, propose the idea of constructing relative hidden system in Chinese criminal law system from entity and procedure aspects.The conclusion to the article that described the concise summary, to be put forward to constructing the real relatives hidden system in the current criminal law.