The Study On The Appliction Of The Relatives Concealment System In Contemporary Criminal Law System

With the continuous development of our economy and the deepening of the reform and open policy, our country’s law career move forward, but the shortcomings existing in the current legal system in our country, in the criminal law provisions on relatives, let hidden power lacking, lead to a lot of problems in judicial practice, should the hidden system as a special kind of cultural phenomenon, is a common traditional Chinese and foreign law. It is not for ordinary people to understand is a stumbling block to hinder the democratic rule of law. Instead, he embodies the relationship between criminal law and ethics, and three basic principles of modern criminal law, three big value of the criminal law and criminal law in terms of the theory of anticipated possibility has a fit place, this paper tries to through the system analysis, and explore the relative capacity of system theory and the practice value of Cain, in order to return this system in the field of criminal legislation in our country and help the application in the judicial practice.In this paper, besides the preface and epilogue is divided into four parts:The first part is the relative capacity of implicit system of ontology research. In this section, this paper expounds the connotation of relatives should the hidden system and its historical evolution, and then through the overseas relatives should the implicit system is introduced, comparing relatives should the hidden system in China and abroad relatives hidden system, at the relative capacity system.The second part is to explore the value of relative capacity hidden system. In this section, the article firstly in this paper, the relative capacity of implicit system fit the basic values of criminal law, then discusses the relative capacity expected possibility of implicit system conforms to the criminal law, is an extension of expectation of possibility, and connecting with the criminal procedure law.The third part is the criminal law field relative capacity system present situation analysis. In this section, the article first analyzed the criminal substantive law and criminal procedural law field relative capacity system the present situation of Cain, expounds relative capacity problems that exist in the hidden system in the procedural law and to analyze the causes of the procedural law status.The fourth part of the criminal law field relatives let hidden system building. This paper first shows the principle of hidden system is set up relative capacity, on the basis of the principle, specific idea of relatives should the implicit system is described and the specific provisions of relatives, let hidden system design put forward their own ideas.