The Comprehension Of Modern Meaning Of "Mutual Concealment Of Offences Among The Kins"

"Mutual concealment of offences among the kins" is a legal system and culture resources that both have the worldwide basis and the Chinese nationality characteristics, according to the research of Mr Fan ZhongXin, a famous scholar in legal history, from the ancient times to the modern age, from the East to the West, this idea or system.can be found different historical type legal system of different countries or the legal thought.As a kind of system or rule which exists relatively for a long term in the history , how to probe into its historic validity and the realistic rationality? In this paper , I put the system of "mutual concealment of offences among the kin" into our country's ancient circumstances to study, such as factors of politic, economy, culture and humanities .Further inquired into its inevitability and rationality. Then inspect these factors' existent condition and new values of human rights and justice which was embodied in this system in the legal age. Finally we make conclusion that this system still have the exuberant vitality in the present time, it should be brought into our country's current legal syetem. And refer this system of "mutual concealment of offences among the kins" to the current legislation of Chinese and foreign law In the end , 1 has made the preliminary attempt to it in designation of criminal legislation. This article can be divided into five parts: In the first part, I first study the historic process of "mutual concealment of offences among kin", confirming the social conventional question into which this system directed was society's harmony and stability.In the second part, this research investigates the circumstances at that time which resulted in this system and its continuous existence, it mainly searched in the perspective of politic ,economy ,culture, human nature and system of BaoJia.In the third part, this research inspected into the current situation of politics, economy, culture, human nature and Baojia in the contemporary age, we also made conclusion that the existent factors which support the system of "mutual conceal ment of offences among the kins" is still strong, and its value of justice and the human rights which made this system become more reasonable.In the fourth part, this research inspects into this legal system in current legislation of foreign countries and Hong-Kong, Macao and Taiwan, confirming that this system still exist in these countries and the areas, thus the rationality of this system has been justified from the practice. Then, I researched this system's present situation and its reason ,further reveal its foundation which strengthen its in China.In the fifth part of this article, this research introduces the reconstruction of this system to the criminal law and the criminal procedural law , and made the tentative plan from following several aspects , and I am certain that it will be benefit for our country's future legislation.