The Research Of Concealment System In Criminal Law

Toleration and concealment system manifested as the legal thought of criminality being hided among the relatives in ancient China. It had been publicized as the essence of the confucian legal culture by feudal rulers in a long time and totally repudiated in the early days of new China, whether in countries of Anglo-American law system or continental law system country are set up the perfect toleration and concealment system which embodiment of human rights and maintaining. Because of the lack of the toleration and concealment system in our criminal law, the relatives of the criminals may face an awkward dilemma of difficult choices between natural affection and legal duty.Reference of the criminal legislation practice and theoretical knowledge of the toleration and concealment system in foreign country, and combine legal tradition and judicial practice of our country, the toleration and concealment system be defined as a criminal system established by the country based on certain value consideration that to mitigate punishment or remit punishment to the relatives of the criminals to harbor and conceal their criminal offences except to the crime of endangering state security and the crime to the relatives and endow the relatives with the right of not accusation and witness exemption to the above criminal offences, and also endow the professional workers, such as lawyer, doctor, clergyman with the right of witness exemption to the criminal offences which they learn from the practical works except to the crime of endangering state security and other severe crime. Toleration and concealment system could be divided into the family concealment system and the professional concealment system according to the different subject. The main contents of constructing toleration and concealment system in Chinese criminal law is to amend the relevant regulations of the current substantive criminal law and criminal procedure law, and endow the relatives of the criminals with the right to mitigate punishment or remit punishment after they harbor and conceal the criminal offence, and also discharge the relatives from the obligation of testifying and reporting criminal offences. Construct toleration and concealment system should define the scope of relatives, impose restrictions on feature and specific forms of family concealment behavior, and according to the present criminal law article to analysis the toleration and concealment system in the crime of harboring and covering and so on. The reconstructing of professional concealment system is to setting the lawyer's immunity of witness in the criminal lawsuit. The reconstruction of the modern toleration and concealment system embodies that guarantee human rights is the core value in modern rule of law, and conform to the international criminal legislative tendency as well. The reconstructing of professional concealment system is not only carry forward our traditional legal thought of respecting humanity and protecting human relations, but also meet the value pursuit of human right, justice, order in the criminal legislation, it provides a solution to the value conflicts existed in our judicial practice, and to promote the procession of our socialist legal effectively.