Construct The Concealment System In Chinese Criminal Law

Kin concealment system is a representational system in ethical of ancient Chinese law. Itprotects human ethic. Kin concealment system had existed and developed for more than twothousand years. After the People’s Republic of China founded, kin concealment system hasbeen abandoned. From then on, laws have not protected human ethic. On the contrary, ourcountry’s laws provide that every people has obligation to give evidence. Because of theseprovisions, the most basic emotion of human and family’s harmony and stability have beendestroyed, even unrest of the social and subversion of the state will be happen. So, theopinion of this paper is to construct the concealment system in our country’s criminal law.There are thirty thousand words in this paper. In addition to the introduction andconclusion, this paper is divided into four parts.The first part discusses the situation of kin concealment system in the current legalsystem of our country. After the People’s Republic of China founded, kin concealment systemhas been completely abandoned. On the contrary, our criminal law and criminal procedure lawprovide that any citizen has the obligations to testify, report a case and give evidence. Theseprovisions reflect that our current laws ignore the human family ethics.The second part analysis the foundations and legal value of the kin concealment system.The system has existed and developed for more than two thousand years, and be adopted bythe legal of current western countries. So, there are many profound theoretical basis in thesystem, and the system shows certain positive value for the whole country and society. Thekin concealment system has profound theory of human nature, morality and the expectedpossibility theory.The third part studies the Chinese legislative history and the experience ofextraterritorial about the kin concealment system. In ancient Chinese society, the system hadexperienced four stages from the rudiment to wither away. In the western, many countrieshave adopted the thought of concealment in the legislation. In order to construct a set ofconcealment system which suits China’s specific conditions in our country’s criminal law, we must draw lessons from our ancient law and the legal of extraterritorial.The fourth part puts forward the specific conception about establishing the concealmentsystem in our criminal law. The system, establishing in our criminal law should be a set ofsystem of discretionary action of sentencing which is for special groups and specialaccusations, has special applicability.