The Study Of The " Concealment System"

"concealment system" is a legal system with profound social basis and ideological foundation. It had existed for more than two thousand years in the history of China. The meaning of this system is that, if one people commit a crime, his or her relatives can concealment mutually without investigation and punishment. This legal system originated from the period of western Zhou Dynasty, established in due form at Han Dynasty and attained it’s golden age at Tang Dynasty. It is an important legal system existed for a long time in our feudalism society.This legal system not only reflect the ancient lawmaker of the society’s respect to humanity, but also reflect the governor’s compassionate to the family affection, it is the reflection of the human ethics spirit in Logos and cure of the Traditional feudal legal thoughts. As a matter of fact, this legal system didn’t exclusived by China’s ancient society only, it is now existed in most countries of the whole world, reflected in the legal system both in their history and modern society, in fact, it has different approaches but equally satisfactory results with the respecting and protecting human right that promoted in the present world.Any kind of legal system that could existed in long-term, will certainly has its two sides. Although "Concealment System" embodies the strong familism concept and keen hierarchy of class, has strong conflict with the modern rule of law society,most of the scholars hold a negative attitude toward this legal system. But, as we all know, this legal system rase in response to the proper time and conditions when the feudal society try to handle the conflict of the affection and law, it is a legal system that can adjust the social contradictions effectively, balance the conflict of affection and law, it also has a great significance to settle the conflict of emotion and method in today’s society, has an effect than can not ignored in the establishment of the socialist rule of law society. it’s legislative intention and value pursuit does not violate the contemporary spirit of the rule of law. Unfortunately, at the beginning of the founding of new China, Due to the new Government’s excessive emphasis on selflessness, place righteousness above family loyalty, the government ignored the natural affection between people,this legal system did not accepted both in the penal code of 1979 and criminal procedure law, it was treated and abolished as the dross of the feudal society.This article will form four aspects to analyze " concealment system" rethink the reasonable value and modern significance of this ancient law system, strive to build a "concealment system" that can fit our modern society, thus, this system can preferably play its effect to build a harmonious society:The first part, this department is the summarize of the "concealment system". In this part, I’ll make a tease of the origin and development of "concealment system" by the help of the juristic writing of the past dynasties. In order to explore the characteristics of the system, conclude the reason why this legal system can existed and developed in our history for such a long time, I’ll first study the origin and development of the system.The second part, Through exploring the present situation of the "concealment system" both in mainland and Hong Kong, Macao and Taiwan regions, further analyses the reason of the decline of this system, and then trigger the third part of the value thinking of this system.The third part, The part will give a comprehensive analysis of the "concealment system" from two aspects, by analyzing the pros and cons of the system, pave for the fourth part.The forth part,through the analysis of "concealment system" from anticipated possibility of law and analogousl legislation of the foreign country, with the combination of this law system’s profound theoretical principle,analysis it’s feasibility in today’s society.The fifth part, after gain this law system’s feasibility in today’s society, cite some cases, with the combination of our society, analysis it’s necessity to get back to today’s society, puts forward several concrete measures of using this legal system in the contemporary society under the rule of law.