Criminal Law Analysis On Obstructing Justice Of The Criminal Suspect’s Relatives

Since the 21 st century,China has committed to building a harmonious socialist society, and adhere to the people-oriented governing idea. That makes us feel more and more humanistic concern from the social aspects. So, modification of the criminal procedure law in 2012 defined testify reduction obligations of close relatives. We can see that lawmakers have begun to notice the relative rights protection is the inevitable law matters. Many scholarsbe support safeguarding the rights of the relatives of the criminal suspect in the criminal law.Moreover, Concealment of relative criminal exist in China for over two thousand years from the spring and autumn period and the warring states period,and was abandoned before the founding.This suggests that safeguarding the rights of the relatives of the criminal suspect would be acceptable.This article consists of five chapters.Chapter 1 tells the type and the consequences of the obstruction of justice behavior of relatives of the criminal suspect.Chapter 2 introducts the status of criminal law at home and abroad.Chapter 3 analysis the problems and the causes of the status of criminal law at home.Chapter 4 the necessity of perfecting our criminal law and its theoretical basis.the necessity proved by some reasons like people-oriented, promoting family unity,the construction of a harmonious society, inheriting the traditional law, the function of punishment and promoting the criminals to turn over a new leaf. theoretical basis include “concealment of relative criminal” and “anticipated possibility”.Chapter 5 provides some suggstions of perfecting our criminal law. Firstly it includes the body of the relatives rights, behavior and subjective purpose. Then it define the subjective purpose of relatives.The final conclusion is that the article summary, and reiterated the importance and necessity of perfecting the criminal law.