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Mutual Concealment Between Relatives And Its Modern Implications

Posted on:2015-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2296330473956254Subject:Law
Abstract/Summary:PDF Full Text Request
Legal Protection between Relatives has been an important social institution and moral standard in China, with a continuous history stretching back to 2000 years. It had its root in Confucian philosophy in the Spring and Autumn period, when Confucius said when one of them has committed a crime, a son and a father will try to protect each other out of their family affection. In Western Han Dynasty, the central government validated the concealment of son for father, wife for husband, and grandchild for grandparent, which made the actors immune to punishment. In the Sui and Tang dynasties, the social institution expanded in terms of the scope of concealment, and rights and responsibilities of the actors. At that time, the one who incriminate those he/she was supposed to protect would be punished or even hung, depending on the gravity of the infraction. Still, those charged with treason are an exception. In the early 1900s, this institution was enshrined in the law to protect individual rights. Since 1950s, however, the Chinese government abandoned it and encourage people to charge against their families, which led to the distortion of social fabric and interpersonal relationship.The paper starts with an introduction of the social institution, explaining its evolution and differences with those in foreign countries. It believes that legal protection between relatives is critical to the stability and prosperity of China as it strives to build a modern nation of law. The paper also offers advices on the legislation for this institution and explains the exceptions in which the actors will have to provide information or evidence to incriminate his/her family.
Keywords/Search Tags:Mutual Concealment between Relatives, Familial Affection, the right of Shielding Relatives from Punishment, the Right of Rejective Testify of Relatives, Written into law
PDF Full Text Request
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