Discussing The Significance Of The Relatives' Crimes Harbouring System In Our Harmonious Society

Ancient Chinese system of harbouring relatives'crimes in the feudal society is an important sustaining regime law system and ethical principles. It exists not only in Chinese ancient society, but aoso in foreign history,even the modern legal system is reflected,too. However, after the founding of the People's Republic of China, the hidden system is regarded as feudal dross to be abolished. At that time the ideology in centralization, fastening on loyalty, selflessness, between relatives all sorts of natural affection is ignored or distortion.This ignoranced affection values is quite difference with our current social harmonious values that was advocated todaay.In modern society, the hidden system between relatives still has its existing reason and its applicable space,It will affect our civilization of socialist legal system,advocating the current state of the construction of harmonious society that cannot be ignored. We should be based on modern legals multiple value perspective, rethinking the system, reference the benefits of place to serve our Chianese legal systems modernization better.This paper is divideded into four aspects to analyse the " hidden system between relatives ":The first part overviews the ancient "close phase of the basic theories of implicit" system. From the angle of birth and development of " hidden system between relatives " system, enabling us to establish macro comprehensive understanding of relative phase hidden system. Meanwhile compare this system with the hidden system in western relatives, combing with the contrast between Chinese and western compared hidden system development.Part 2:Based on the first part of this introduction, this thesis trys to look for the legal theory of hidden system in natural law,criminal law, procedure, suppor,in order to search for the reasonableness of the modern theory of legal theory which exists in rationality relatives.The third part analyses the contemporary value of the hidden system between relatives,and combine the current meaning of our country government idea in building a harmonious society. From the contribution of hidden system between relatives to the social harmony.On the social harmonious value, mainly analyse from the discussion of politics, economy, culture.Politics of three aspects embodies human rights values, social stability value, prevent potential social contradictions risk value.Economically,we can weigh the economical and social macroscopic level of economic relations.In the cultural Angle mainly reflected in the traditional culture for inherits value, not only favor the traditional family culture, but also benefit to traditional social stable relationships. In this phase of the value of public security, from the angle of preventing the three judicial practice subject court judicial practice on the problems are analyzed, such as:harmonious value relative in police practice,letting hidden "YouGong" is against the role of social contradictions. "Relatives in procuratorial organs with hidden" tempers the justice with mercy in catching fewer policies. In court judicial trial, the hidden system between ralatives is good for criminal judicial reconciliation and civil compensation to realize its function.The fourth part is based on the former three parts and accord to the theoretical results before the basis of hidden system,to imagine that hidden system between relativess significance to the law environment in modern society.Explore the feasibility of hidden system and put forward the specific reference feasibility scheme and tentative ideas.