"Behavior Of Sued Relatives" And "law Of Sued Relatives"

Morality and law are two main ways of social control. In all modern civilized countries, some of the most basic and important elements in the Social ethics, has been incorporated into the legal system of the society. While the moral is not the only position as the modern law adhere to, But if the law ignored the moral or departed from the bottom line of the moral, then its legitimacy will be questioned. Affection is a human instinct emotion, it is generated in humanity, it is the most essential emotion to maintain human’s emotion, the affection of humans should be protected in the process of making laws. This is the only way to reflect the rationality and justice of the law, and people will support and believe the law in the law’s enforcement process.Based on the theory of the relationship between morality and law studies, The main content is through three periods diachronic study of Chinese society, to study the relevant provisions of the “behavior of sued relatives” and the “law of sued relatives ”, to analysis people’s “behavior of sued relatives” feature and the specific provisions on the “law of sued relatives ” in different historical periods of China. Based on the traditional experience, combined with the current social economic and political structure, to propose some reasonable opinions and suggestions for the current “law of sued relatives”.The conclusions of this study are as follows: under the influence of traditional social, The feature of people’s “behavior of sued relatives” is “relatives occult”, the law of the traditional society is also to ensure this behavior. After the founding period of time, People’s feature of “behavior of sued relatives” is “loyalty”, as the legal system of law in this period the country has not been formed, so the behavior of “loyalty” is only supported in the official discourse. In the current society, People’s “behavior of sued relatives” may expressed as “relatives occult” or “loyalty”. But the current “law of sued relatives ” are all about protections of the behavior “loyalty”, lack of maintenance of human affection, this study proposed to introduce “relatives occult” principle into the relevant laws, in order to achieve the purpose of caring affection in the current relevant laws, to achieve the ultimate goal of the legal society——family harmony and social harmony.