On Rationality And Reference Of Concealing Between The Relatives

The principle of "concealing between the relatives" 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 Mingguo.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.Under the existing criminal law to harboring and covering up the crime, for example, has limited the scope of the main general of the main, that is to say regardless of whether they are among the acts of their loved ones, as long as they implement the harbor, to act in order to cover up the crime. Many cases, their loved ones among the harbor,out of a cover up acts as a human instinct, if law enforcement conviction, to a certain extent, is asking, contrary to the ethics of love. As a result, from the principle of "concealing between the relatives" to the principle of harboring and covering up crimes for their perspective must improve the legislation is a necessity. We emphasize that in building a harmonious socialist today, "with hidden kiss" principle is of great realistic significance. On strengthening the modern concept of the contract on the basis of rational into the ethical and moral concern of humanity and the law in order to be more acceptable and effective implementation.