Concealment System In Criminal Field

As a significant legal system and thought, while happening to have the same viewswith similar systems and thoughts in western laws, the concealment system remainsthriving after prevailing for over 2,000 years in Chinese legal history. Vicissitudes andprofound changes of Chinese society in modern times have led to the fact that theconcealment system be considered as dross of feudal legal culture with the collapseof both old society and system, gradually annihilating in the dust of history. As a legalinstitution features combination of law, ethics and human sensibility, theconcealment system, on one hand, maintains order for the ruling class, on the otherhand, demonstrates contained value of Criminal Law, namely, respect for humanityand compassionate family love, happening to coincide surprisingly with modernconceptions such as rule of law as well as human rights. Proceeding frominvestigating the historical evolution of Sino‐western concealment system and thenexpounding its development characteristics and value investigation, the dissertationproposes reflection on the deficiency of the concealment system in China's criminallaws, and then draws the following conclusion on the foundation of it: there is hugespace in the field of Chinese criminal area for the existence of concealment system,which deserves rational reconstruction in the existing criminal laws of China.In Chapter 1, the conception of concealment system is firstly confirmed, and then itsevolution in Sino—western legal histories are combed in a careful manner by puttingthe methods of historical research and comparative study into application. Next, reasons for formation of Sino‐western concealment system are compared, and theunexpected coincidence as well as their respective causes for taking shape ofSino‐western legal culture on concealment system is elaborated, generating thefollowing analysis and comparison of concealment systems in China and the west inlatter study.While presenting the perspective that the concealment system accords with modestyand humanity value of modern criminal laws, the expected possible theory ofcriminal law, ethics requirements and those of constructing harmonious society,Chapter 2 elaborates essential characteristics of concealment system, in other words,respect for humanity and compassionate family love, laying foundation forexpounding deficiency and reflection of concealment system in Chinese criminal lawsin latter research.Through quoting several terms and clauses in current laws of China and analyzingand making comment on two typical cases and one news report, Chapter 3 statesdeficiency and reflection of the concealment system in current Chinese criminal lawswhile primarily concluding the perspective that concealment system should beindicated in the existing criminal laws in China, introducing later discussion ofreconstructing the concealment system.The concealment system is measured by employing the three basic principle ofChinese criminal law as the scale, on the basis of which Chapter 4 draws theconclusion that concealment system should be reconstructed in the field of Chinesecriminal laws, and then conducts full and detailed discussion on the fundamentalspirits and specific issues with regard to it. Finally, proceeding from the angle ofjudicial practice, Chapter 4 poses specific legislative suggestions designated forstructuring concealment system in substantive laws and procedural laws as well.