The Research Of Chinese Concealment System Construction In Criminal Law

The concept of concealment, can be traced back to ancient China’s Spring and AutumnPeriod, and concealment system been accepted in China’s legal system after the Han Dynastyprovides concealment system. However, since the founding of People’s Republic of China,China’s criminal law has never recognized this system. Concealment system is construct onthe basis of human nature and social notions of morality, even though its not being legalrecognition, it still exists in our in real life.“The law is not to impose a difficult task onsomeone,” lawmakers should respect these human relations, so it should be set in the lawconcealment system. Only respect for the individual person’s values is conducive to thestability of the entire social order, and in order to better carry out the rule of law. Zhang Jinfan once said： The law should be consistent with human nature, otherwise it will perish. Thelaw should proceed from the perspective of social values and human relations of affectionwithin the appropriate scope of limited compromise.With the development of society, the concept of a harmonious society deeply rootedamong the people. While the concealment right is conform to these ideas,"Concealment" thesystem once again become the important problem from legal scholars. Some scholars said：The most important change in thinking. This paper tries to comparison of ancient and modernconcealment system by rights perspective, analyze their own values in line with the modernrule of law, clearly the value of the criminal law, and finally on its own proposals to build thissystem, in order to reached by the system of thought to change the modern criminal law morehumane at the same time maintain its authority.There are four parts in this article：The first part analyzes the basic content. The first analyzes the meaning of the right ofconcealment and essence of the right features, including the specific subject qualification, therights of actors, and the penalty applicable exemption. And examine the Chinese and foreignhistorical development of the right of concealment. Concealment system is reserved until thefounding of People’s Republic of China. Concealment was seen as an obligation in ancientchina. The second investigated the course of development of foreign concealment system. TheWest originated the purpose of concealment system may be related to traditional Chineseconcealment system is basically the same, in order to maintain the family kinship, but withthe Western natural law concept of increasing penetration of concealment system in the pastthe process of modernization. The west is constantly injected into the human rights, the idea of equality, and thus has greater vitality. Reasonable experience of the Chinese history andforeign legislation is worthy of our inheritance and learn.The second part demonstrates the basis about construction of concealment system.Concealment system to meet the anticipated possibility of criminal law theory, the principleof modesty and harmonious society values. The possibility theory is the most importanttheoretical basis, when the behavior of the people conceal their own relatives, will lookforward to the possibility without having to take responsibility, and does not belong the sin.Construction of concealment system also have realistic basis of ideological trends in theprotection of human rights, the trend of internationalization of criminal law and the generalpublic requirements. The legal basis for the principle of legality and combining punishmentwith leniency the criminal policy of the two aspects discussed about the construction ofconcealment system.The third part is the concealment right in our current legal system. Now Chinese lawdoes not provide concealment system, the law does not clearly establish the right ofconcealment. But there are several private prosecution cases and minor theft relatives’property provisions. And analyzes the reasons for deletion of concealment, the total negationof the traditional culture, equality before the law limits understanding and too much emphasison criminal law protection. Also discourse the deletion will lead to the legal and moralconflict, and the proliferation of institutional power.The fourth part is some reasonable proposals about the construction of concealmentsystem. Firstly the construction of concealment system is imperative, and rational analysisstudy, in the process of the application must follow the inheritance and transplantation entity,the principle of combining substantive and procedural, and the rights and obligations of theprinciple of combination, in order to ensure that the right to be able to play its value. Secondly,the construction of concealment system should primarily involve the concealment behavior ofpeople range, implementation of the right way, and the implementation of said restrictions. Inaddition, because the concealment right has been in academia have a lot of debates; manyscholars hold opposing views, there is no immediate solution to these problems, but thesuggestions in finally might be helpful to the construction of concealment system.