The Research On Relatives Concealment System And Its Regression Of Criminal Law

Relatives concealment system is a typical system of Chinese traditional legalculture, which has long existed in the history of ancient law in our country, datingback to the spring and Autumn period, and continues to the Republic of China. Thesystem is able to exist in the Chinese legal culture in ancient China for so long, it isbecause it goes perfectly feudal system. In addition, some specific to its ownadvantage. However, after the founding of new China, which was considered to befeudal dross and abandoned. Therefore, this to from describes relatives concealmentsystem in China legal cultural origins of angle starting, turn this based on to researchrelatives concealment system in my existing legal system in the of absence, combinedon relatives concealment system absence of interpretation, to stressed capacityimplicit system in criminal Shang regression of need, and through criminal Ltd-law ofmodified to clear regression of possibilities and practice in the feasibility, hopes tofind the system Yu criminal in the regression of path.This article besides the introduction and conclusion, there are five parts:Part1is to accommodate the historical inspection of relatives concealmentsystem. Part is comes to accommodating the relatives concealment system from theangle of history carries on the longitudinal outline, mainly from the development ofancient China history elaborated that accommodates the origin of relativesconcealment system, therefore takes the development order of time as the clue, wasdivided into Spring and Autumn Period Warring States, two Chinese, Sui and Tangdynasties and Qing Dynasty later period as well as the Republic of China time.Moreover from the narration content, mainly refers to the history of the legal systemof China about accommodating the writing record of relatives concealment system,calm hidden system the nature, background, main, objective behavior as well as legalresponsibility and other aspects of carry on the elaboration.Part2is to accommodate vacancy of relatives concealment system in our countrycurrent law. Mainly writes from two aspects, the first part is the elaboration accommodates the performance o relatives concealment system vacancy in ourcountry current law, sues law and other laws including the criminal law, criminalprocedural law as well as the people; Part2is the explanation of this vacancy, thebackground that the analysis creates the vacancy, as well as the essence of thisvacancy then showed disadvantageous consequence that the vacancy causes.Part3is to accommodate the necessity of relatives concealment system criminallaw return. This part is two parts, the first part is the adverse consequences that toaccommodate the relatives concealment system vacancy causes; Part2is importantmeaning that to accommodate relatives concealment system has. Namely through theelaborations in pro and con two aspects, explained that allowing the return of relativesconcealment system in our country present criminal law to need very much.Part4is to accommodate the possibility of relatives concealment systemcriminal law return. Explained from the real foundation, the legal foundation as wellas the practical foundation three parts that exists to accommodate the relativesconcealment system return in immediately China the foundation, therefore the returnof this system possibly exists.Part5is to accommodate the narrow path of relatives concealment system return.This part narrated from two aspects, on the one hand was the macroscopic inspectionof criminal law return, the primary coverage including accommodating the relativesconcealment system return needed some explicit premise issues, after such as returnaccommodated the nature of hidden system, the return accommodated hidden systemit from the unemployment problem, main body that its primary coverage included,subjective and objective aspect, legal responsibility as well as exceptional naturalstipulation; Another part accommodates the microscopic inspection of hidden system,namely carries out at the criminal law minute related accommodates hidden systemthe design of concrete charge provision.