The Modern Meaning Relatives Concealment System

The institution of shielding relatives was a quite important legal principle, which lasts thousands of years. It integrates human affection into law, combining the features of human emotion, ethical function, the value of the rule of law. It not only maintains the country’s order, but it faces squarely to the inherent human nature, which leaves a little room to breathe for human with the most instinctive and the most natural love of blood. In the western country, there are also some relative regulations. In other words, the legal principal of shielding relatives can’t be the characteristics of any country or any social system because it is the one size that fits all. However, after the establishment of new Chinese, the institution of shielding relatives which is suitable for the humanized system was threw into the dustbin of history because it was regarded as the feudal dross due to the factor of the national selfish departmentalism. In the western countries, under the guidance of the idea of human rights, the institution was changed several times and finished its modern gorgeous turn, which is still in use today. I feel much confused that why China and the western countries is so much difference? Is there no reasonable meaning for the institution of shielding relatives to exist in China? With such confusion, I attempt to make research for the institution of shielding relatives in the aspects of the history, the ethical value, the modern legal sense and so on. This paper is divided into four parts. The first part begins with the historical evolution of the institution of shielding relatives to clear the process of the institution of shielding relatives in China and the western countries, and based on it to analyze and compare their law of development. The second part, with the value analysis method, I try to seek the reasonable foundation of the institution of shielding relatives from the aspects of ethics and law. The third part is to analyze the defect of current criminal law in the institution of shielding relatives and try to seek the reason. The forth part, I try to come up with the ideas of reestablishing the institution of shielding relatives in the field of the criminal law in our country, and I attempt to make comments and discuss the possible conflicts after the establishment and the details of the encouragement.