On Legislation Of Relatives Harboring Crime

In recent years, China's criminal law system developed gradually, theoretical research has also made a lot of achievements, both in the substantive law and procedural law. However , there are still some unsatisfactory in it. The Harboring Crimes between relatives is one of the problems to be resolved in the criminal justice system.Harboring crime between relatives, as a special form of harboring crime, was often seen in practice. The provisions of Chinese criminal law about this are very broad and general, and don't distinguish between harboring relatives crime and other shielding crime. Therefore, conflicts often appear in judicial practice, so that the judgement in that case is often in a dilemma. Judicial Practice has proved that Chinese Criminal Laws have some serious problems.Harboring Crime, though can be found in Penal Code of ancient and modern countries (regions), but its specific content changed with the society and was different in historical periods and countries. It is also a kind of crime which is common, but more difficult to distinguish with others in judicial practice. China has a long history in the legislation of Harboring Crime. China's current criminal law has strict and specific provisions on Harboring Crime. There are some "typical" harboring criminal charges, there are also some "untypical" harboring criminal counts. But relatives involved in the harboring crime, it is not clear in legislation. The judicial practice of such crimes often occurred, it is necessary to consider how to judge fairly, and also consider the social impact of the judgment. How can we judge the Harboring Crimes between relatives? This text use historical analysis and comparison analysis methods to analyze the provisions of the Harboring Crimes in Chinese and foreign crime legislation, pointed out the existing criminal legislation problems, and propose a solution."Shielding relatives from punishment"is a well-known legal tradition in Chinese ancient law system. From ancient to the modern, from the West to the East, from feudal system to socialism system, there are some similar regulations. The author attempts to propose a relief provision in the Code of Criminal ,at the same time regulate the right of relative to reject testifying.This paper from the following four aspects to discuss the legislation of harboring crime between relatives:The first part discussed the definition, the nature and characteristics of the harboring crime between relatives. First, the concept was discussed. Harboring crime is a kind of crime that help the criminal person to escape from punishment. Second, the paper discussed the characteristics of this crime. This crime has a feature that it happens between relatives.The second part discussed the history and development on the basis samples of relatives of crime legislation. First, the paper compared the Chinese ancient law with Britain and the United States law. Then, it proposed that China's law system about harboring has some problems.The third part researched on the perfection of China's law system about harboring crime. The principle of"shielding relatives from punishment"has space to apply in China's legislation and it is reasonable. First, from the viewpoint of moral philosophy, this principle is based on our value system.It can help us to protect our social security and order. Secondly, from a legal basis speaking, this principle is in line with the expectations of the possibility theory, in line with the principle of Modesty of the Penal Code. Third, this principle contributes to the realization of the human rights. Finally, and most important of all, this principle has space to apply in China's judicial practice.The forth part proposed solutions to the problem of harboring crime between relatives. I propose, first of all, from the perspective of the substantive law, we should make some amendments. Secondly, from the procedural point of view, we have to regulate the right of relative to reject testifying.The principle of"shielding relatives from punishment"is a moral and law principle in Chinese ancient legal system. The author use comparison analysis method to discuss the value of"Shielding relatives from punishment", and based on this, to improve our criminal proposition from substantive law and procedural law. Finally, the author put forward countermeasures to perfect our criminal legislation.