Close Close Phase Hidden Enlightenment To The Modern Legal System

The thought of "Mutual Concealment Between Relatives" in traditional legal culture can bedescribed as colorful over two thousand years development in traditional society.Originated inthe Confucianism "culture of filial piety", the Concealment between relatives is an ideologytypical part of Confucianism,that is relatives can be hidden behaviors of crime each other.thiskind of thought is in line with the human blood kinship and the ethics and morality of human,This legal thought have been in most of the countries′legal systems in the world more or lessstill now, But our modern legal system has completely negative attitude on this legal thought,Because the purpose of our modern law is to encourage relatives to expose crimes eachother;The lack of this Concealment system has caused a lot of inconvenience to judicial practicein China, making the development of judicial practice in china very difficult.This paper is basedon the understanding of the status, To solve this problem to the current judicial practice and legalsystem is the purposes of this article.This paper is divided into six parts; those are introduction, four chapters and conclusions.The main idea of the introduction is about the research status of this Concealment System,including the research status at home and abroad, the research methods of this paper and theresearch purposes, which is written mainly from the theoretical side and the practical side. Thebodies of this paper have these following four chapters: Chapter I, Firstly, we elaborate thedevelopment process of "Concealment" system in the traditional legal culture and itscharacteristics in different dynasties, which reveals its perfect fit to the history of the process ofChina’s integration of ritual and law. Secondly, along with the rise and fall of the traditionalConfucianism and the evolvement of traditional society, we conclude the existence causes of theConcealment system in traditional society; Chapter Ⅱ, One side, this part discloses thecompletely negative facts to the traditional Concealment system in China modern legal systemalong with the Characteristics of the modern times, In contrast with this status, the Concealmentsystem that was combined with the modern concept of the law has been preserved in the legalsystem of Hong Kong, Macao and Taiwan,that is the special immunity of the relatives aswitness. The other side, the West family Concealment system which exists in the right of thespecial immunity of the relatives as witness also provides another good reference to theintroducing the Concealment system to China’s legal system; Chapter Ⅲ, In order to re-introduceConcealment system into our legal system, we analyze its modern values further and deeply,from legal theory to the sector law, from substantive law to procedural law, drawing theconclusion of the modern value of this Concealment system, that is the construction of thespecial immunity of the relatives as witness; Chapter IV, It is the focus and innovation of thisthesis, Encircling the construction of the special immunity of the relatives as witness, this part is expanded by two sides, one side is elements of the localized special immunity of the relatives aswitness which are the subject element, the subjective element, the object element, and theobjective element.The other side is to design the specific law articles of the special immunity ofthe relatives as witness, which is elaborated from the evidence law, criminal law, civil law,administrative law, and then the limit to the execution of the power given to the public securityauthorities; Finally, the conclusion,that is a summary of this paper, at the same time,we forecastthe future development of our localized special immunity of the relatives as witness.This paper is intended to search the modern law values of the Concealment system intraditional legal culture, contributing to the construction of our modern law system. So, we muststress the transformation from the traditional legal culture value to the modern legal value of thetraditional Concealment system. This paper is based on this purpose; as a result, the third partsand the fourth part are the focus of this paper. The third section focuses on the ideas of thesearching of the modern value from the modern law theory of the traditional Concealmentsystem. Which just right provide a solid theoretical basis to the specific law design of the fourthpart, so the fourth part of the special immunity of the relatives as witness comes out, which is theresult of the modern legal value transformation of the traditional Concealment system.