Concealment Of China's Criminal Legislation Thinking,

The system of misprision of treason has a long history in China,and has been in action in the Western as well.But it isn't been embodied in the contemporary legal systems of China,especially in criminal laws because of various reasons.Is there a necessity and possibility to develop the system in modern China,which was an important part of the tradition of legal culture.What is the basis of the system?How do we confront with its past and circumstances in the Western?In view of these problems,I discript,from the perspective of history,the process of its origin and evolution,then contrast with these two systems in different times and spaces.I think the system reflects not only the social relations and the notion of a given context of society,but also has a deep social basis and the need of reality.The main parts of this dissertation try to justify the reasonableness of the system,which includes the theoretical basis of it, the conflict and compromise of public powers and private rights,the embarrassment of it in actual justice,and the inheritance of native resources as well as the imitation of foreign experience. On the end,I try to propose some institutional designs of the right of misprision about criminal legislation in modern China.