On The Return Of The Principle Of Relatives' Relatives In Criminal Law

The system of relatives hidden is a very important legal principle in the history of China. It originated from Spring and Autumn period, after the development of the Han Dynasty to Southern and Northern Dynasty. Until Sui and Tang Dynasties, it had formed a complete standard system in the Tang Code. From Tang Dynasty to the end of Qing Dynasty before the law reformed, it did not have great change for the content of the system of relatives hidden. In the period of practice in the end of Qing,we introduced western laws,while we put many principles in the Chinese law system away.But during the period,the system of relatives hidden which had been changed to leave,and until the period of Min Dynasty,it still lied in the law. When the New China was found,we put all the old law systems away which the system of relatives hidden was included. From then on,it did not to study at all in the Chinese law society. Especially the period of Cultural Revolution,it had not any possible for the system of relatives hidden was written in the law. Until now,this system is still not written to the law.Oppositely, many foreign countries have found the system of relatives hidden in the area of criminal laws.We know that apparently the original of the system of relatives hidden and the history development, whose founding has its inner bases. Though the system of relatives hidden in ancient times is different from foreign countries especially western countries for its specific bases and goals, while its inner theoretical bases have some m common.From the aspect of moral, the system of relatives hidden pays much attention to the hummanity, the maintenance of the family. From legal perapective, this system is essentially for the relative rights maintenance, and coordination in order to maintain the relative rigjts and justice. From criminal law theory, it is not hard to see that the system of relatives hidden essentially is the result of expect feasibility of criminal law theory. All in All, the system of relatives hidden is not particularity for any country,any nation,or an occasional social period. And especially is not connected with specific legal systems and particular social system. The system of relatives hidden is from the human nature, and directly embodies in maintenance of the family. In any historical period, any country or any legal system,it still has its exist legitimacy.From the judicial practice at present in our country and social development goals, it is necessary to establish the system of relatives hidden in the criminal laws. Specific view, this system returns to criminal laws. Timely,gradual relative phase implicit returns to criminal law legislation.As a guiding principle,properly defines the scope of hidden relatives,the criminal act may be hidden,and the way of criminal hidden. To guarantee the system of relatives hidden into the feasibility and effectiveness of criminal laws.