Relatives Mutual Hide System Legal Analysis

In the ancient society of our country,"Avoidance of Relative Being Witness" is a principle and system, refers to the relative if there is any crime, each other should hide, hide, refused to testify, help crime family fled, etc., Not be liable to the burden of proof and some behavior not be punished or mitigated punishment, at the same time, if the law should be mutual hiding relatives implementation report and burden behavior should be punished motivations. As provisions of obligations and system,"Avoidance of Relative Being Witness" has been around for more than two thousand years in the traditional Chinese legal system and plays a very important position in the ancient Chinese ethics method."Avoidance of Relative Being Witness" thought originated initially from the Confucian s father-son concealment theory in the ancient Pre-Qin-dynasty. With the Confucianism of the ancient Chinese laws, the thought was accepted by the dominator of Han dynasty in law. During this period the thought is the ruler of introducing Confucianism into laws, make it as a legal system can be established and applied in judicial practice, the kin concealment system was developed gradually during lung feudal society. It became mature in Tang dynasty, and dilution in late Ming and early Qing dynasty, transformation in the late Qing dynasty and the period of the republic of China, and finally dies in the establishment of new China.This essay concludes three parts to analyze about the domestic and international legislation of Avoidance of Relative Being Witness in the ancient and modern legal system in different countries. Through comparison study about Avoidance of Relative Being Witness system, discusses its modern value from the view of legal culture is the modern legal value, and puts forward some new viewpoints and proposals.The first chapter is summarize and organize the Avoidance of Relative Being Witness in the historical background of the emergence and development process,as well as the relevant provisions of carding that our country, which indicate the rationality of its presence in the contemporary. The second part analyses and sums up Avoidance of Relative Being Witness among different countries and law systems. Then compare the research of Avoidance of Relative Being Witness in China and foreign countries,and identifies both the common points and the different points between them, which has made some relevant laws all times and in all countries, reflects this legal system universality, long-term and its rationality.The third part through the comparative analysis and the dialectical analysis methods in view of the legal system existence all times and in all countries, and it is reasonable for it to be being in today’s society. Analyses the system of the historical limitations and ideological analysis of the causes of limitations, and list many reasons why to absorb Avoidance of Relative Being Witness system again.