On Removing The Close Relative From The Subject Of Harboring And Covering Crimes

The crime of harboring, shielding is a kind of obstruction of justice order crimes in the current Penal Code. According to the section 310 of current Penal Code, the person who harbors or shields close relatives still needs to carry criminal responsibility. It means that when the law suffered family emotion, it must give way to the law. So, when it comes to relatives of crime, such as "severing" becomes the natural move. It must be noted that the current Criminal Code relating to harboring and shielding the Crime without restrictive provisions although protected the national judiciary criminals to criminal prosecution, it disregard of human relations and emotion, lacked of respecting for the traditional culture. Because it not only makes numerous ethical tragedy under the national criminal arrogance of power and ride, but also makes the criminal law to become colder and stiffer. Read the history of our criminal law, it is not difficult to see, since the Western Zhou Dynasty,“Concealment”has been a strong emphasis on ethical and legal guidelines in the ancient China. On the contrary, such behaviors as “severing”didn’t permit by the ancient ritual law. This idea has a profound impact on the Chinese legal tradition. Unfortunately, after the founding of New China, for various historical reasons, as one of the essence of the traditional legal culture“Concealment”was abandoned. As a result, it leaded to cut the development of harboring, shielding in the legal culture, the spirit of weaning. Which is destined to the charges in judicial practice is bound to encounter a variety of embarrassment. It should be noted that in the current Penal Code“in the subject of the crime of harboring, and shielding to ignore the practice of human relations of affection, artificially made between reasonable and legal tension. This tension, if long-term lack of proper digestion, eventually, it will damage the trust of the norms of criminal law Criminal Rules“broken window effect”in turn. Looking rational to exclude close relatives criminal subject is the proper meaning of respect for human needs, is to maintain social ethics should then move to implement the basic requirements of the protection of human rights is the effective practice of criminal reform needs is the right to restrict power effective way. And legal and moral principle, the principle of criminal law Modesty, the public identity of the Criminal Law, Criminal spirit of the legislation and legislative trends of the International Criminal fit further showed that the current discharged by way of legislative amendments harboring, and shielding close relatives criminal dominant position in the sin practical feasibility.Therefore,the paper argues that in the integrated framework of criminal the discharge harboring of substantive criminal law, cover up the crime in the near relatives of the main qualifications conferred by close relatives within a specified range, the program to give evidence of immunity, to achieve harboring, and shielding crime in the legal culture of rational regression. Specifically, on the substantive criminal law, should be made clear Concealment is a statutory right but not the obligation, limit should be excluded harboring, concealing the murder of close relatives, the main range, limited to close relatives harboring misprision Disclaimer the types of cases; in the Criminal Procedure Act, shall review the provisions of section 71 of the amendment to the Code of Criminal Procedure, refused to permit the right to enjoy the list of those who fight for the inclusion in future amendments will be brothers and sisters, nearly relatives refused to permit the right to throughout the entire process of criminal proceedings.