Legal Analysis Of Relatives Cover Behavior

In order to protect a kind of important social relationships--family relations, Ancient China had set up "Shielding Relatives from Punishment" system, and Ancient Western Countries also set up Relatives Concealment System, they both gave forgiveness to harboring behavior between relatives. But our present criminal law completely negatives the shielding actions between relatives, and advocate righteousness above family loyalty. In modern China, as long as the harboring acts between relatives are in line with the constituent elements of Crime of Obstruction of Justice, people who harbor their guilty relatives will be identified guilty. This practice is violating the justice, ignoring human affection, and will cause serious social problems.In this paper, the current criminal law for protecting behavior between relatives, made hidden system were analyzed, and concluded that there are serious drawbacks in the current law for relatives shielding behavior. There are many shortcomings because of the setting up of protecting agents, and no provisions for Relative Testifying System. It is necessary to absorb the reasonable spirit of "Shielding Relatives from Punishment " principle, and establish the relative capacity of the shield behavior hidden rules in the legislation, and set up Relative Concealment right within the scope of relatives, but we also need to set up the corresponding restrictive conditions to avoid the affection to be unrestricted abused.