On Decriminalization Of "Shielding Relatives From Punishment"

"Shielding Relatives from Punishment" refers to the relatives of each other can conceal the crime without punishment or reduce the punishment. It is a legal system, which granted to the relatives of the offender a legal right to cover the offender. It lines with human nature and the penalty Modesty.It also helps the public’s recognition of law and citizens to comply with the law, to maintain the harmony of family and social’s stability. It is very useful for us to build a harmonious society in China."Shielding Relatives from Punishment" principle has always existed in ancient China’s legal system, and there are relevant provisions in the laws of Western countries. Unfortunately, our current law doesn’t have the relevant provisions, and sees it as the dross to be discarded."Shielding Relatives from Punishment" as an important legal thought is controversial in the academia. Some scholars take a negative attitude of "Shielding Relatives from Punishment". In addition, some scholars think:"Shielding Relatives from Punishment" has its reasonable side. Provisions it in our criminal law has a lot of sense. So it should be absorbed into our country’s criminal law.I am based on the above circumstances. This article will begin on the basis of defined value of the "Shielding Relatives from Punishment" theory and its historical survey and foreign investigation. Then I will analyze the status of its missing in China’s criminal law and the reasons, further give the reasons of decriminalization of "Shielding Relatives from Punishment". The end of this article will give some measures to put it in our criminal law in order to benefit our criminal legal system’s reform.This text contains the following five sections:The first part will define the theory of "Shielding Relatives from Punishment". First, a brief summary on the meaning of it, outline the changes and development in different historical periods and different countries and regions. Second, show its right belonging. Finally, give a detailed analysis of its value and affirm the significance and value of its existence. On the second part writer will take historical and foreign investigation on the decriminalization of "Shielding Relatives from Punishment". The first aspect is the historical research, analyzing it in legal thought and legal texts in different historical periods in China. The second aspect is foreign investigation. It contains the brief historical development of the Western Concealment System and a simple comparison of their similarities and differences between the two legal systems.The third part will show the current situation and its missing causes of "Shielding Relatives from Punishment" in China’s criminal law. Present their lack status in China’s criminal law and analyze its causes from the ideological origins, prerequisite and judicial reasons.The fourth part will discuss the reasons of decriminalizing the behavior of "Shielding Relatives from Punishment" from the background, the theoretical premise, the theoretical basis and practical basis in order to show its science and rationality.The fifth part will be system construction of decriminalization of "Shielding Relatives from Punishment". The first will be some basic principles that must be considered. Then follow by the legislative path, including the two aspects of substantive law and procedural law. The end is judicial path including public security organs, procuratorates and people’s court.In short, decriminalization of "Shielding Relatives from Punishment" is based on theory and practice. It is scientific and reasonable.