The Relatives Concealment Principle And Its Construction In Chinese Criminal Law

Relatives concealment is an important principle that originated from Chinese Confucianism and used in ancient Chinese law,it means that the relatives should conceal the crime from each other.This principle is the core of attention and protection of relatives and family relations,but also reflects the protection of basic human laws on human blood love,but since 1949,the criminal law abolished the relative concealment principle,instead of it,is the political revolutionary and the "national departmentalism" position,concealment behavior is regarded as crime,reporting and exposing the relatives' criminal behavior is regarded as an obligation.In recent years,with the revival of Confucianism culture,many scholars began to focus on the ancient concealment principle,pointed out that the current law lacks of humanity,disregard for the protection of the relationship of family,so it is necessary for the relatives concealment to recurrence in Chinese law.The criminal law provisions of article 188 th,about the immunity of spouses,parents and children forced to testify when in the court,regarded as the recurrence of the relatives concealment in Chinese law,but there are still many scholars pointed out that the provisions are only applicable to the trial stage,it still have limitation,difficult to reflect the relatives concealment.The reason is due to the legislative process,the power sector of the game led to the legislative "discount".In contrast to foreign legislation,as well as the law of China's Hongkong,Taiwan and other areas are reflected on the relatives concealment of reference,and in China,constructing relatives concealment principle has been subjected to resistance,therefore,in concealment based on legal principle based on the Chinese,the difficulties encountered on the research and value exploration methods of concealment necessity,study the feasibility of the legal principle of regression.This paper is divided into four parts,the first chapter is the relatives concealment principle of Chinese and foreign history,the second chapter uses the comparative analysis method,the advantages and disadvantages of the relatives concealment,the third chapter analyze relatives concealment principle's modern value from the perspective of family security,security,social order and safeguard the balance of interests of the relatives concealment,at the same time,study relatives concealment of missing in contemporary legal obstacles and reasons,the fourth chapter puts forward the problem of relatives concealment construction and try to put forward the construction idea.