Encroach Upon Reputation And Offend Justice

The crime is a result of intervening ethics of feudal society nurtured by the traditional concept of value in criminal law China,which maintain the legal order"focuses on safeguarding national political order and family ethics.As for the "too much emphasis on order" will inevitably lead to China ancient litigation culture undue importance to ethics and excessively ignoring rights.Prohibit the humble young offenders have denounced elders,the punishment of crime intervening in the modern view is the disregard for human rights,but at the time of the social opinion,is behind the widely recognized "loyalty" and "filial piety" ritual culture.This article from the four elements of modern criminal law to analyze the intervening charges subject,subjective and objective aspects,from intervening the germination,emergence and development process and die trying to tap the intervening behind the Confucian ethics in the traditional society of China,and intervening and concealment for comparison,analysis of the intrinsic relationship between the two and in succession the rights and obligations of the different,The analysis of the internal relationship between the two and the differences in rights and obligations.Intervening and concealment is consistent in terms of ideology,not only is rooted in human nature,human nature is the foundation,its essence is the core of patriarchal ethics.No matter in modern or in ancient times,blood and family are very important for people,especially in the very human and filial piety in the ancient times,especially for relatives,pay attention to the pecking order,if relatives crime,in order to maintain a "filial piety",is at the confrontation with the national right.Before intervening,for false information or humble young relatives,and no legal system to control,in the Qin Dynasty is to "non-public report",in the Han Dynasty is the"concealment",until the Tang Dynasty "mutual concealment,for violation of the social moral default the behavior of these countries,the name will be punished in different dynasties.In addition to the traditional criminal law value judgment on the crime objectivefactors,but also consider the human,the judicial officer in the case,in order to find the balance between human and law;modern criminal law is advocated "on facts and take the law as the criterion." Finally,to modern harboring,crime of shielding are discussed,compared with the intervening harboring in the criminal subject,behavior,object is different,the modern criminal law value conflicts with the ancient criminal law values show,and puts forward some suggestions on the modern criminal law,called in the construction of socialist rule of law has Chinese characteristics,whether should be careful not to give too China traditional law culture,Chinese future The legal system needs to have the deep cultural tradition as the root.