Research On The Relatives Concealment System And Contemporary Construction

Chinese traditional legal culture, the relatives concealment system known as the"kiss of the first Punic","mutual concealment between relatives", specifically refers tothe mutual concealment crime of harboring and does not constitute a crime or reducedor exempted from punishment, its essence is "flexion to extension method of ethics".The feudal family concealment system is family standard embodied in law, itspurpose is to consolidate the dominant position and maintain the elders feudalpatriarchal family, then firmly feudal monarchy. After the founding of new China, thesystem was considered but abandoned dregs of humanity, but its ethics value pursuitis not inevitable and contrary to the spirit of modern criminal law. In March14,2012,"the relevant provisions of the new criminal procedure" to increase the familyprivilege,188th stipulates:"the people’s court to inform the witnesses, for no goodreason not to testify in court, the people’s court may enforce the court, but thedefendant’s spouse, parents, children." This is the first time since the founding of newChina, the relatives concealment system in the form of legal provisions to be sure, hasthe sense of milepost.Of course, the provisions of special subject only in the procedure of the right torefuse to testify is not enough, also need to form the legislation mode of harmony andunity of the effective implementation of the relatives concealment system establishedby the original binding with the substantive law. Therefore, the rationality andlimitation of inspection system ethics implication and development, on the Chineseancient and modern western family concealment system is modeled, selectivelyinheritance, reference and innovation, has the important legal and social significanceand construction of contemporary China’s concealment system. Concealment systemas a part of traditional legal culture, appropriate to return to the criminal law isrational call for rule of law and social development, but also on the nationaltraditional culture of law and.