Ethics And Legal Reason: Orientation Research On The System Of Relatives Concealment In Contemporary China

The system of relatives concealment has long been in existence at all times, it is the law in a certain range of relatives'concealment behavior recognition and security system within the provisions. Generated from the ancient times, the survival, development to modern, vitality is so strong, enduring, must have a reasonable basis for existence. But in contemporary China, for various reasons, the current law to negate the traditional"relatives concealment"natural affection ethics legislation, but also did not establish the relative rights-based modern concealment system. The absence relative concealment system reflected a negative implicit legal evaluation both in the substantive area of the field and in the proceedings. The block of traditional and modern by human will inevitably lead to a range of adverse effects and consequences.Therefore, this paper focuses on relatives concealment behavior and concealment system rational argument, and the system of contemporary China, the absence of shielding the negative consequences arising from the analysis, that in terms of theory of rational investigation, or from the current social reality the needs, should be on the absence of legislation concealment system orientation to reflect and to build. Concealment system makes this ancient and modern system is able to regain vitality in our country, on building socialism with Chinese characteristics of a harmonious society, rule of law as the legal system play its due effect.In addition to preface and conclusion, this text is totally divided into four parts:The first part is the social and reasonable basis for concealment behavior. The author believes that people make certain kinds of activities on the exploration of the legal system should be the starting point and premise. Therefore, in this section, the author tries to human, social and family, ethics of some of the basic theories, concepts applied to the premise of concealment system - Concealment behavior analysis, mainly from relatives of the love of human nature, driven by instinct, the need to maintain family relations and human relations and ethical requirements to demonstrate three relatives of people in the criminal acts resulting from the concealment reasons;The second part is the modern legal basis exists for concealment system. Concealment behaviors as a legal system to be adjusted, concealment system in modern society existence of the rule of law must contain a legal basis. In this section, mainly from law, morality and ethics of exemption, the basic value of modern law and the rule of law in the pursuit of state power should be limited to the three perspectives to demonstrate the behavior of concealment legal basis under the legal institutionalization;The third part is the concealment system in the absence of contemporary Chinese law and its negative consequences. In this section, the author investigate the contemporary concealment system of substantive law and procedural law in the absence of the actual situation, and then analyzes the system in contemporary China caused by the absence of individuals and families, society and the State the adverse impact and impede law implementation, poor legal authority damages the legal consequences;The fourth part is the concealment system in current law system and its hidden orientation in contemporary China should have. In this section, the author summarized the modern legal system in the embodiment of concealment and its basic characteristics, and then detailed analysis the establishment necessity and feasibility of the concealment system in contemporary China. Finally, the author conceived the concealment system in contemporary China orientation.