The Study On The Chinese System Of Mutual Concealment Of Offences Among The Kin

Concealment phenomena are universal in our daily lives. In the legal frame of orient and occident, there are particular rules on concealment system. Concealment system origin from the idea of "Filial piety" in the ancient society of our country. As a legal and ethical principle, it ran through the whole fedral times. Therefore, it has a profound political and ethical basis. But after 1949, the federal legal frame was completely replaced by the socialist legal frame, so the kin's hidden system was also abolished by the new government as a symbol of feudalism. But the contradiction between relative sensibility and law can not be eradicated immediately, how to avoid it became a difficult problem for the jurist, however, in the fact, the key is at hand, If we review the kin's hidden system seriously and objectively, we could find that it has some important social values. these values have good effects on the contruction of legal community and the innovation of people's legal concept. Therefore, the study of the kin's hidden system has a great significance.This thesis's main body consists of three parts, the first part looked back the history of the kin's hidden system from the genesis to the decease, and discussed the foundation of the system in the view of social structure and political characteristics; the second part analyzed the advantages and disadvantages of the system, so we could make sure that its essence left and defects removed; the three part summarized the experience of ancient legislation in our contry and investigated the similar theory of other countries, and then put forward several suggestions on the reconstruction of the system in modern criminal rules.