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

The thought of kin concealment originated initially from the Confucian's father-son concealment theory in the ancient Pre-Qin-dynasty China. With the Confucianistization of the ancient Chinese laws,the thought was accepted by the dominator of Han dynasty and made in law. The kin concealment system was developed gradually during the far-flung feudal society. It became mature in Tang dynasty and finally became an important law system lasting for a long time until the end of the Qing dynasty. The system maintain during the Changing-Law activities from the end of the Qing dynasty to the period of ROC. After the People's Republic of China built, the system was cancelled for reconstructing a whole new world. The contradict embodied in the system between law and human feelings has not disappeared yet. Maybe it will be one of the eternal matters that human being has to face. We are building socialistic harmonious society now. So it has a great lot of realistic significance. In this thesis, the author reviewed the process of the system's history from the genesis to the mature and compared the similar theory and legislation of other countries.Foreword, text that consists five chapters, and epilogue constitute the dissertation.The foreword introduces lemma and purpose of the dissertation by a few words.In chapterâ… andâ…¡according to historical materials the author introduces the historical background and course of development of the system of"Mutual Concealment of offences Among the Kin"In chapterâ…¢the author expounds causations of the system exist all through the whole history of feudatorial society from economic reason to political and mental reason.In chapterâ…£the author compares the other country system with Chinese and analyses both the sameness and the differentia through the law culture.In chapterâ…¤the author ponders the shortages of current law and bring forward the reasons of introducing the system of kin concealment again. Furthermore, the author put forward his design about how to constitute the system.In the epilogue the author reviews the whole dissertation and forecasts the future of the System of"Mutual Concealment of offences Among the Kin". Though the author who has little talent and learning has done his best in this thesis that must make a lot of mistakes, therefore, the author begs respectable teachers who concern to point out mistakes so that they can be corrected.