On The Reflection Of "Relatives Hidden"

The" hidden kiss" also be known as the" kiss of the first Punic", which originatedfrom the spring and autumn and the Warring States period" the Analects of Confucius."the above records, Confucius said:" I have straight bow of the party, its, shield kinsfolk’scrime, in which just straight." Should say this period also belong to the theory ofconcept level since the Western Han Dynasty, Dong Zhongshu established" deposed,Confucianism","concealment" as the feudal legal system is an important legal principleformally established, since the Tang Dynasty development improving, later dynastiesare basic and same provisions of Tang dynasty.By the end of the Qing Dynasty periodalthough the modification of law on the feudal legal system made a number ofmodifications, but "concealment" this important system always retained. After thefounding of new China, as we learn is the Soviet Union a set of legal system, and therequirements of a complete break with the feudal system, the establishment of thesocialist legal system,"concealment" as the" dregs" also will be subjected to a thoroughcriticism, the new formulation departments law there is no concealment the embodimentof the concept, the current criminal law on protecting and harboring such crimenaturally with the " kinship concealment" unavoidable conflict.Article310th of the criminal law on the crime of protecting and harboring theprovisions of section two: that is the crime person provides a hiding place, property, tohelp them escape or falsifying evidence, three years of fixed-term imprisonment,criminal detention or control; if the circumstances are serious, the agency for more thanthree years of fixed-term imprisonment of ten years. Commits the crime mentioned inthe preceding paragraph, conspirators, to be punished as a joint crime. From this we didnot see any of the Kinfolk’s concealment of exceptions, unfortunately, criminal lawamendment despite the general and specific provisions have substantially modified,academia is also for many years the requirements in this one increases a on the Kinfolk’sconcealment of exception, but we still do not see this article has any change. It is still"safe and sound" there. Rawls in his" theory of justice" to" rule of law is discussed, therequirements and the prohibited conduct is that people should reasonably be expected todo or can avoid the behavior, it cannot put forward a kind of impossible obligation.Legal system should admit the impossibility of execution is a kind of justification, is atleast a mitigating circumstances. The legal system in the implementation of rules and regulations, can not think without executive ability is associated with problemsunrelated to the. If not strictly according to the standard without the ability to takeaction and often carries a penalty, it would make the liberty unbearable." In fact, thekinship concealment of this behavior is a kind of instinct, is by nature, if the law so as tomake mandatory regulation to some extent is difficult, ignored the most basic humanfeelings, also lost the legal humanism. Especially when we emphasize the constructionof socialist harmonious society at present, concealment of preserving family harmonysocial harmony has very important practical significance. In our legislative and judicialenforcement process, only respect the law reflect and maintain human society basicemotional value basis, in order to play the" legal justice and good art", also can providepeople sincerely obey.