On Punishing The Behavior Of Shielding Under The Harbor Crime Of Concealing The Murder

Throughout the legal system of the world's major countries and regions,no matter in ancient feudal China and Taiwan in nowadays,or the faraway Germany and the near Japan and Korea.With regard to a series of behaviors of impairing normal judicial order,such as cover up the crime with each other,forge evidence,provide material support for criminal and so on.There are rules of mitigating or exempting punishment.But our country uses the law concept of place righteousness above family loyalty when making laws at this stage,and this kind of concept excessively emphasize on cracking down on crime,ignore the moral foundation of law.From nowadays rules about harbor crime of concealing the murder in article 310 of the criminal law in our country,we don't see any exceptive rules about relative phase hidden.But in fact the relatives natural shielding behavior is a kind of instinct of people.If we have to proceed hard conviction by law,and it will definitely cause consequences of ignoring ethics and humanistic care.This is a difficult task for people.The conception of harbor crime of concealing the murder is very complex.The rules of different country are different,and the rules of different periods in one country are also different.The relatives scope under harbor crime of concealing the murder also includes artificial relatives and special relatives with guardianship and supporting relationship.Except lineal relatives and branch line relatives within three generations.The harboring and shielding behaviors in relatives are not pure illegal,which conflict with countries under the rule of law.It is the most tender confession of people,which provides the most effective moral support for building a harmonious society and it is the desired behavior of good law.The light punishment of relatives shielding under harbor crime of concealing the murder is based on the foundation of legal theory.When we are making the standard of conviction and punishment,the human rights,order and justice value of law required that we should provide a cushion space of justice,righteousness and human rights for relatives harboring and shielding.The theory spirit of law's expectation of possibility with "method not strong",the economy reflected by penal law's humanistic solicitude and the criminal spirit of the principle of a legally prescribed punislhment's final adaptation,tolerance and combining criminal punishment with leniency all provide reliable legal support for the light punishment of relatives shielding under harbor crime of concealing the murder.Along with increasingly frequency of society,economy and cultural communication,legal internationalization has already been an inevitable trend,which provide a real foundation for the light punishment of relatives shielding under harbor crime of concealing the murder.Criminal legislation idea has been shifted toward crime prevention and attaching impotance to humanistic from the past pure punitive dominated tool,which provide theory foundation for the light punishment of relatives shielding under harbor crime of concealing the murder.In the establishment of limited punishment for relatives' shielding behavior,we should make sure that the individual has to acting based on maintaining the family and not betray ethics;the individual has to be lineal relatives such as spouse,parents and children and branch line relatives within three generations,legal repressive relatives and the special relatives,for example,the son-in-law who is widowed still take care of parents in law;Criminal scope has to exclude the crime which severely impairing national security,public safety and duty-related crimes of national civil servants.With the developing economy and improving society,in the process of modern rule of law,our nation has to absorb the rational ideas of foreign legislation with open mind and open a spacious door for the establishment of punishment reduction for relatives harboring and shielding.