Kiss. ​​china "relatives" The Collision Of History And Reality Of Legal Principles

In the process developing from a simple idea to a well accepted principle, Kin Concealment in China had shown the heart of humanism which came from the traditional legal idea characterized by the Combination of Confucianism and Legalism, and the Cooperation of rule by proprieties and rule by Law. In the traditional society, this principle has effectively acted in keeping home affection, in harmonizing the community conflict, and in saving judicial resources. However, it had also been with some side effect such as the overwhelming duty to a family, and no protection to the weaklings in the family.The principle's implement in ancient China had two kinds of support, one was of some other criminal rules such as Accusing Adultery and Involvement, and the other was of the government's recognition because its influence to smooth the conflict in the society and in the legal procedure.May the ancient Kin Concealment continue in the modern criminal procedure under the constitutional human environment depends on its effect to the modern criminal law. The author thinks it is possible because it has some active factors inside. Firstly, the Kin Concealment shows a thought of respecting human rights, which helps people to accept the legislation. Secondly, the modern legal theory has built some technic guarantee for the actualization of Kin Concealment. Anyway, the practice of such a principle could not be fully carried as it was but need to be developed the useful and discard the useless. During this period, to consult some foreign experience is necessary.The future legislation about Kin Concealment should be a kind of legislation contains both ancient principle emphasizing ethical affection and the modern principle of criminal punishment. So lawmakers should absorb some fine ideas from traditional laws of both eastern and western worlds and reach a balance between the legislation and human's affection.'On one side, it considers people's sensation; meanwhile, it should not harm the country and the public.'And its final purpose is to reach a balance between people's affection and the deadline of the law. It should be a great creation to make People's affection harmony with legal punishment.