Study On The Decriminalization Of Relatives’ Concealment Behavior

The decriminalization of relatives’ concealment behavior, refers to peopleprevent their relatives who commit a crime from punishment or server penalty. It is alegal right which award people shielding relatives crime. It is known as concealmentbetween relatives in the history of the ancient legal system, which implied profoundhumanistic care, and reflected the rule of law tradition of China,such as thecombination of courtesy and law, standard of the family.it is not particular only inChina, there are some similar legislation aboard since ancient Greek and Romanperiod. Nowadays, China’s criminal law theory has gradually deviate from the track ofRussia old theory, come to the new moderate theory, in the trend of criminallegislation is becoming more and more importance to the protection of human rightsaround the world, And under the background of China’s construction of a harmonioussociety and the rule of law country. relatives’ concealment system is the link betweenhuman affection and legal system, make great significance to the construction of aharmonious society and legal system of socialism with China’s characteristics. Basedon the inheritance of history and culture, at present, the system is also has a greatapplied value to inherit and draw lessons from. For the purposes of reconstructing thetraditional system and the traditional system, analysis in the decriminalization ofrelatives’ concealment behavior, decide this paper will explore the definition and thebasal essential connotation of relatives’ concealment behavior, analysis about it’snecessity and feasibility. Then, put forward the concrete opinions and measures afterdoing the outside&historical investigation. In this paper, the main body of a totalconsists of the following three parts. The first part is the study on implicit system ofontology. At first, defines some related concepts, then summarizes the characteristicsof relatives’ concealment system by a analysis in three ways: Autonomousauthorization, Family corporate, human rights and limit collective punishment. Thesecond part is the study on necessity and feasibility of the decriminalization ofrelatives’ concealment behavior. Argument in the covert of the reconstruction ofchina’s criminal capacity system, analysis about the necessity and feasibility of thedecriminalization of relatives’ concealment behavior according to the relationshipbetween morality and law, the theory of anticipated probability, the austerity ofcriminal law principle. The third part, base on the actual situation of legislation inchina, use the experience of other countries for reference, confirm it’s object scope,behavior characteristics, legal responsibility and punishment principle, Put forwardconcrete proposals, Provide a solution for the decriminalization of relatives’concealment behavior.