The Inheritance And Evolution Of The System Of Mutual Concealment

Concealment system in our country has a long history,since birth is an important part of the whole Chinese law system.After the founding of new China,because of the change of political environment,Concealment system is considered to be the feudal era of dross,therefore it has been canceled,and exit from the stage of history.However,in today's emphasis on "people-oriented",in the legislative and judicial require respect for humanity,and system of Concealment system to return to people's sight.The so-called Concealment system,refers to a legal obligation to tolerate a close relative of the criminal suspect to hide the crime system.It's fully embodies the "people-oriented" thought,also conforms to established the purpose of the criminal law.From the point of today's society,Concealment system is necessary in the criminal legislation of the system,it is the embodiment of the criminal law and protect human rights,and ti is to reflect the needs of the justice of criminal law.Today both in the field of criminal law in our country and research results,also has the more mature outside of our country,can draw lessons from the case.Because of this,to build Concealment system in China,must first understand its connotation,theoretical origin and rules can apply of this system,and to develop special rules about the criminal suspect close relatives to testify.In order to make the system can really play a good role,we should also restrictive provisions in the legislation,such as the main body,the types of crime.In this paper,the inheritance and evolution of the concealment system are discussed from the following aspects.Firstly,give an overview of the system,mainly tells the connotation and the theoretical origin and the development of others.Secondly,the origin and development process of our country,from prohibition to permission,from permission to prohibition.Thirdly,tells the value of the concealment system from positive and negative aspects.Fourthly,tell the enlightenment to the legislation of contemporary criminal law by the system.Through this structure,the rationality and deficiency of the parental phase concealment system are expounded,and demonstrates the possibility of this system being legislated by criminal law in modern times,and provides the references and new perspectives for other researchers.