Study On Ancient Family Privilege-Kin Concealment System

It is known that Kin Concealment System is an important law in ancient China。Kin Concealment System means that people should not accuse,exposure or testify the crime of his family. To do so, he would be found guilty. This system is similar to the family privilege of the western evidence law, being dismissed or rejected in our country now.The privilege is the traditional rule of the western evidence law. The family privilege is its important part that a person has the right to refuse testifying if his testimony may incriminate some person(near relatives or persons used to be his near relatives).This family privilege sacrifice the latent proof to support the value of society believing more important.We can not struggle against an institution because of its social character. We can not establish an institution because this institution had been established abroad. What are the environment in which these situation existed? What are their values? what are their justification?一such problem, is this thesis's research category.In our country, according to the current law, any person who has witness' qualifications have the duty of the testimony. but in the practice ,the rate of witness testify always low especially relatives. So emphasizing the witness' testimony duty may exist the blemis.The rough and the crude of the lawmaking make it is evaded in the pratice,and cause criminal procedure be out of balance in the end. The fact prove that the provisions is a heap of wastepaper if it neglects the most basic natural affection and loving valueseses of persons. But when we bring privilege into the visual field, we wil discover that: The conflict between personal value and national interests was eliminate to some extent,though it may lose many decisive testimony, but as a British Lord Chanceltis Bruce's proverb:" The truth, similar to the whole fine things, the possibility was owed for consider the subterranean heat love by the person, pursuing excessively and strongly- thus pay too much." We need keep a balance of looking for true and supporting other social benefits.Therefore,this passage choice Kin Concealment System as research subject in order to help our country's current reform of crime procedure and the evidence law.The first part, the passage will elaborate the origin of Kin Concealment System, history of legislation, the scene, causes and so on,look at practice, at the effect,consider in detail and subject to an analysis in order to discover disadvantages and advantages of the Kin Concealment System.The second part, the writer elaborated history,scene and causes of the family privile.elaborated a few basic of the family privilege. elaborated their common valueand function.this passage contrasted Kin Concealment System and the family privile,and set up a modern family privile responsibility system that suits the actual conditions of China.What is more, the writer believe that these basic theorieses contain some specific volue: interest balance, human rights principle,the maintenance family and basic order of the societies.The third part, demonstrate the necessity and possibilities to build up the family privilege in our countr. demonstrate why we abandon the Kin Concealment System but does not bring the anticipant resul. then analyse the current laws of our country, point out its blemis.finaly,the passage will draw up specific implementation plans for a modern family privile responsibility system that suits the actual conditions of China.This paper used a method of comparison. the writer wish to find the nature of the Kin Concealment System by contrasting or opposing qualities.so, when this paper demonstrate the basic contents of the Kin Concealment System and the family privile, will be Careful attention to detail of two System.This paper used historical method too. ethnics and ethics were used to study on rationality and human nature. The Kin Concealment System has also been equated with equal and the rule of law in value. The Kin Concealment System was combined with the family privile in this paper.the writer just want to find a breach and hope this thesis can correct the mistakes to some exte.