The Application Research And The Modern Legal Value Of The Kin Concealment System

The thought of Kin Concealment is clearly seen in Zi Lu of the Analects ofConfucius. Confucius advocated “Father should refuse to give evidence to prove thecrime of his son, Son should refuse to provide evidence that the father crime.” In HanDynasty, Confucianism was the only official ideology; Kin Concealment was made inlaw, up to two thousand years. Therefore, many scholars believe that the system ofKin Concealment is the victory of Confucian, reflects the result of theConfucianization of the law, reflects it care for family relationships. But this articleconsiders the Confucian is just superficial, Legalism is essential. The KinConcealment is a result of this phenomenon. Kin Concealment becomes a system inorder to protect monarch, father, and husband. It emphasizes the human familyrelationships on surface, In fact, power is considered to be the most important. It nolonger reflects the ethical requirement that the father is affectionate and the son isdutiful. It reflects the requirements to prevent the people to rebel. The system of KinConcealment makes people submissive instead maintaining kinship. Until Qing LegalReform, Western thought of equality, freedom, rights impact the traditional thought ofthe three bonds, the thought of Kin Concealment was revived in the modern legalsystem. In the modern legal system, family privilege is able to absorb Confuciusthought of Kin Concealment. The system considers what people want to have infamily, to maintain the kinship nature, but also to take care of the rights of theindividual. It can also prevent excessive public power invading family life, when therelatives made crime, the person has the right to freedom of judgment. After1949,due to various reasons, the ideas of Confucius and the Western Legal Thought of “SixCodes” are criticized, abandoned, which also includes the thought of KinConcealment and family privilege. Nevertheless, the kinship of the human relationswill not disappear, it is not going to disappear that people want to have the familylife, and therefore, how individuals do when relatives crime remains a seriousproblem. For the protection of individual rights, the caring of family love of human,we still need to study the traditional the thought of Kin Concealment and its application in the modern legal system. So, firstly, this thesis study the traditionalsystem of Kin Concealment, secondly, this thesis study the historical experience ofthe Qing Legal Reform and the experience of the Western legal system. Finally, thisthesis studies how to construct family privilege in our law.This thesis includes an introduction, body and conclusion. The body consists offive parts.The introduction explains the purpose.The first part studies the source of our thought of Kin Concealment, concreteinstitutional arrangements as well as changes occurred in the Legal Reform of QingDynasty and analysis the characteristics of this system.The second part studies the value of the traditional system of authoritarianpolitical context and the purpose.The third part studies the family privilege of the Western legal system and findsthat this system is common with the thought of Kin Concealment, reflecting thenature of human..The fourth part studies the reasons for missing the thought of Kin Concealmentin the current legislation of the China mainland and examines the relevant legislationin other regions of China.The fifth part proposes to build our family privilege, based on the study of ourtraditional legislative experience and legislative experience of the West.In the conclusion the author summarizes the whole article and forecasts theeffect of family privilege about protecting humanity and respecting human rights.