Legislation Research Of The Principle Shielding Relatives From Punishment

Shielding Relatives from Punishment, also called Harboring crimes betweenrelatives, is the admission of the law for the act of harboring crimes between relativeswithin a certain range, no prosecution or testimony between relatives, and diminishedresponsibility or no responsibility for the shielding. It is the reflection of the ethicsand morality on Criminal law and has a long tradition from the ancient China.，and italso could make sense for now. Therefore we should make systematic and deepresearch about it, take the essence and discard the dregs and make its owncontribution to the legal system.In the process of writing, the author analyzes the questions existing in realitythrough the real cases. She discusses the real cases and raises the issue that theabsence of the legislation for the Shielding Relatives from Punishment Principlebrings out a series of problems under the current Criminal legislation system, such asguilt by association in disguise, forced relatives self-incrimination and abatetestimony.Above this, she then demonstrates the principle from necessity and feasibilityaspects. Firstly, she talks about the necessity of Shielding Relatives from PunishmentPrinciple through three prospective: the realization of human rights protection, theimprovement of the evidence system and the enhancement of the humane nature ofthe criminal law. Secondly, using the legal logic knowledge, she carries out thetheoretical basis reasoning for the principle through two aspects--the principle doesnot have serious social harmfulness and satisfies the restraining criminal law, thiscould be the feasible basis for adding the principle under Criminal Law. Finally, talkabout the social foundation for the principle from the profound historical culture,current system support and science and technology guarantee aspects.Based on the above, the writer puts forward the criminal legislation suggestionfor Shielding Relatives from Punishment Principle. She goes through the history of the related principle and gets at the root of the matter, and then makes the comparisonto make sure both how it generates and develops and why it goes like this. All of thiscould realize the operability and purpose of the legislative proposals. The findings are,first of all, there is a need that the Shielding Relatives from Punishment Principleshould be included in Substantive Criminal Law. Then we should revise the ShieldingRelatives from Punishment Principle in Criminal Procedure Law. We should analyzethe issue from identifying its subject and making clear its limitations, followed by thedesign of the law for the principle under Substantive Criminal Law. Likewise, weneed to discuss the issue from the expansion of relative range and the identification ofrefuse matters, then the design of the law for the principle under Criminal ProcedureLaw.