The Historical Investigation And Modern Reconstruction Of The System Of Conscience And

The degree of democracy in a country with the degree of civilization of a societyis a "barometer" of ability and level of human rights protection in the country. Tasksand topics of our criminal justice system is to protect human rights."Concealmentsystem in the history of our country has any contingent reference, it can limit thepublic rights, the protection of private rights, the power to achieve the" caged "; inorder to enhance the quality of the protection of human rights, promoting the rule oflaw in our country building to a new height, we must actively tap the system. Thegood news is that the new criminal proceedings under section188of the defendant’sspouse, parents, children can not be present in court to force the close relatives of thelimited Refusal to Testify right.The paper is divided into five sections to explore Kin Concealment System:The first part, introduces the background and value of research topic, the study ofconcealment system, system design for the current rule of soil is predictable.The second part, analysis the history and historical role of concealment system, such aconclusion can be drawn: concealment system in the maintenance of social order inancient China played an important role in the contemporary, and still be able to play amajor role.The third part introduces the legal system, similar to relatives and kiss the lawoutside, this paper thinks that were similar in the two law systems, the relatives of theimmunity of witness system and our concealment system are the same in themaintenance of social stability played a role but two are essentially different, and thisdifference is we need to learn in the reconstruction of concealment system when, forexample, pay more attention to the protection of human rights and privacy.The fourth part, discussion and analysis of the value orientation of concealmentsystem, think concealment system contributes to the realization of the human rightsprotection skills, help to achieve the purpose of punishment, but it also has threeaspects, such as the lack of the principle of equality, the duty standard and may indulge crime, we should remove the dross to retain the essence.The fifth part, the author puts forward his own opinion on this system forreflection and reconstruction, in order to benefit the legislation, think thereconstruction of concealment of the system lies in the three aspects of the standard ofright nature, clearly applicable to the scope of subject and scope of charges, theestablishment of supporting security system.