The History And Modern Sense Of The Kin Concealment System In Ancient China

Since20th century, the positive law has been questioned by more and more countries which begin to recognize the morality of the law generally. This tendency is called the revival of natural law. From the perspective of comparative law, the modern transition of Concealment System can be seen as the embodiment of this movement in China. The present study aims to discuss the history and its modern significance of Concealment System. On the one hand, from the arrangement of the local resources of the rule of law in China; on the other hand, from the response of contemporary jurisprudence thought. The author believes that the modern transition of Concealment System not only has the meaning of Criminal Law, but also have more far-reaching significance of the Law7, for it is not only a pursuit of the subjectivity of the China Law Society, also a major attempt into the main stream of Modern Law. Modernization of the Concealment System in China has a very profound modern meaning. This thesis holds that this significance is mainly reflected in five aspects. Firstly, it is conducive to promote harmony of legislation and society, and ultimately the formation of a harmonious society. Secondly, it carries forward the fine tradition of the legal system in China. Thirdly, it helps to reduce the risk of legal transplants. Fourthly, it can safeguard the mutual balances between legal interests. Fifthly, it can save costs of the rule of law. Finally, this article believes that the law is not only juridical norm, but also a carrier of value as well as a cultural symbol. So the present thesis conducts a large number of value analysis and cultural interpretations in the process of historical inspection of Concealment System. The author believes that such analysis and interpretation will be beneficial to deepen our understanding of Concealment System.