"concealment" Tan Harboring The Main Range, Cover Up The Crime

Chinese legal tradition based on "Ethical Culture". "concealing between the relatives" is the very important principle in Chinese history, which display as sons conceal their fathers and wives conceal their husbands. It is because that in early china people believeed that father was the god of the son and husband was the god of the wife. Form Zhou Dynasty to the end of the Qing and even in the Republic of China, although each dynasty all encouraged to suit against the crime and give stiff penalty to the people who harbour the criminal offender, they also allow people conceal their relatives, which will be had lower punishment or even be forgived.At present, new Criminal Law believe that relatives are the subject of harboring even they have the relationship like the son and father or the husband and wife. I think that is back against to the Ethics. Moreover, legal can't force someone to do something against his will. We all know that blood is thicker than the water, we can't request the populance to accuse their relatives personally when their relatives crime. It will violate to the human nature. Accordinng to the above, the anthor through this article elaboration, proposed to remove the relatives from the subject of the harboring and limit the scope of the harboring's subject.The second part is the malpractice of make the relatives become the subject of harboring. In this part the author proposed the concept of "human nature "at first, and analysed that whether conforms to the human nature is the standard of the good or bad law and is the criterion of solving the legal value conflict. Thus pointed out that it was not the human nature to request people to accuse their relatives who were crime. Next, it is not conforms to the principle of modest and restrained which meanings spend lower payed and have higher interest. In the last of this part, the author believe that the criteria whether there is anticipated the possible evaluation only could be weighs by average people and point out that it has not the anticipation possibly to request the people to accuse the crime relative.The third part is the scope of the "concealing between the relatives" In this part the author analysed the concrete meaning and the classification about the relative at first, thought that the relatives are between the human an human's specific status who based on the marriage, the blood relationship and the law draws up produces relates as well as has this specific status relations human mutually between name. Then pointed out that the people who can be removed from the scope of subject of the harboring only to be able to be the crime person's "the close relative" and explained the reason, then the author pointed out that our country should unify various department law to "the close relative" the correlation stipulation, close relative's scope stipulation is: spouse, parents, children, brothers, sisters, paternal grandparents, grandparennnts, grandson children, granddaughter-children.