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The Jurisprudence Analysis And Contemporary Learning Of "Mutual Concealment Of Offences Among The Kins"

Posted on:2012-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:L QiFull Text:PDF
GTID:2216330341451538Subject:Jurisprudence
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"Mutual concealment of offences among the kins"is a legal system and moral principles that both have the worldwide and the Chinese characteristics . From the ancient times to the modern age, in different countries, different legal systems and different types of legal systems of history has the idea or system of shielding relatives. In history for a specific period of time or a relatively long-standing systems and rules, exploratory legitimacy of its existence and the legitimacy of the history is necessary."Mutual concealment of offences among the kins"has been able for the common choice of foreign legal systems, in addition to political, economic and cultural reasons, there is a deep-seated human-based or psychological motivation, which is a universal and the value of one of the foundations of human beings. In this paper, I want to explore the typical cases"mutual concealment of offences among the kins"from human existence and reality of theoretical psychological basis as well as the relationship between the structure of social trust, which is based on the results of localization studies by human behavior and psychology in China of domestic and foreign scholars from the perspective of jurisprudence, the existence of the human of"mutual concealment of offences among the kins"background and level through legislation and judicial practice in the demonstration analysis .To work out the system still has the vitality of contemporary, which should be absorbed into the system of the conclusions of the current legal system, and"mutual concealment of offences among the kins"in the current status of foreign law as a reference, according to our current situation, their criminal Reference to legislation to make a basic concept.This paper is divided into six parts:The first,introduction: I summary the current reserch situation of"mutual concealment of offences among the kins",and I also show that the attitude of"mutual concealment of offences among the kins".The first chapter: In this chapter,I carding"mutual concealment of offences among the kins"from the origin and evolution in the history of ancient China, then draws the conclusion:"mutual concealment of offences among the kins"in our performance in all of dynasties.The second chapter: I reserch the factors which led to"mutual concealment of offences among the kins"produced from the perspective of the jurisprudence, mainly from the human, psychological, ethical and legal value of the four aspects of the investigation, inquiry, and the inevitability of its existence is reasonable.The third chapter: In this chapter, I analyzed the necessity and feasibility in reference"mutual concealment of offences among the kins"in the current criminal legislation, and finally concluded:"mutual concealment of offences among the kins"dominating factor in the survival in today's society still has strong vitality, and because of its have justice, human rights in the current context of the rule of law which leaving the value of the firmness of the need for such a presence.The fourth chapter: I have a basic ideas of how to introduce"mutual concealment of offences among the kins"in the current criminal legislation in our country, while clear it must be set to the necessary restrictions of reference"mutual concealment of offences among the kins",in order to maximize the positive role of it.Finally,the conclusion:"Mutual concealment of offences among the kins"as a common heritage in China and foreign legal culture system, which contains important legal value, it is consistent with the humanitarian and criminal law modesty. Therefore, we should call"mutual concealment of offences among the kins"in contemporary society, the return of the rule of law, recognition of their inherent value, which will be of great benefit to the construction of a harmonious society.
Keywords/Search Tags:"mutual concealment of offences among the kins", human beings, legal culture, criminal law, looking forward to the possibility
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