The "Kin Concealment",with the significant characteristics of China's legal system,after more than two thousand years from several historical stages of the germination,establishment,consummation,transition and eventually decline,embodies the spirit of Confucian kindheartedness with the glory of human nature,and has the dual characteristics of the family ethical and law,as well as the feudal patriarchal clan genes including both the essence and dross.In modern times,especially during the periods from the establishment of the People's Republic of China to the "Cultural Revolution",the "Kin Concealment" was been taken as dross and completely thrown into the dustbin of history.And after the Reform and Opening up,people began to re-examine the system,analyzed it through the objective legal thinking,and expected to reconstruct this system under the modern legal system.This paper,summarizes the development characteristics of the "Kin Concealment" through the systematic sorting out its development in the history,finds out the common features of the modern spirit of rule of law and it,points out the inheritance and what needs to be discarded,and finally systematically constructs the "Kin Concealment" System based on the substantive law and procedural law. |