On The Reference Significance Of The Retaining And Maintaining Parents System To China's Contemporary Penal System

The System of Permitting Culprit to Support Lineal Elders is the period of China's feudal society,a great Confucian characteristics of the criminal justice system in our country is system of life for more than 1 thousand and 400 years.In the Northern Wei Dynasty era to take shape,until the late Qing Dynasty because of the situation in the country to promote the activities of the amendments to the law was declared abolished.The System of Permitting Culprit to Support Lineal Elders,also known as the "stay system",analyze the history of criminal justice,can be summarized as the rulers of feudal society to the Confucian "filial piety" such ideological foundation as a starting point,in order to solve the death penalty of imprisonment,exile,major crime sinner,resulting in prison because of its immediate importance relatives for old or ill social problems without other adult sons and relatives support.In this case,can be in accordance with the prevailing law conditions,petitioned the emperor or the audit authority of judicial officials,in accordance with the conditions can be kept at home in their elders relatives,to temporarily suspend the execution of punishment.To support the elder prisoner relatives after death,the penalty execution recovery.Firstly,this paper discusses the origin and development of " the System of Permitting Culprit to Support Lineal Elders ",and analyzes the causes of it from the aspects of economy,ideology,politics and so on.The necessity of further analysis of the historical background and development of "breeds kept system",reveals the system for the protection of labor,safeguard the fundamental attribute of feudal rule In this part,the paper further discusses the development of "keeping the pro system",from the embryonic form to the process of gradually enriching and perfecting.The second part of the System of Permitting Culprit to Support Lineal Elders of value analysis,in the process of analyzing the dialectic discussion of social development and maintenance of ethics,maintenance of positive significance of social order,reflects the inevitability of its existence.At the same time,it also explains the problems in the process of the implementation of the corruption caused by the problem,the intensification of social conflicts,instability and other procedures for the operation of the limitations.The third part is the focus of this article,focusing on the analysis of " the System of Permitting Culprit to Support Lineal Elders " on the improvement of the penalty system of our country to bring about the inspiration and reference value.This part firstly introduces the status quo of China's current penal judicial system,then analysis the System of Permitting Culprit to Support Lineal Elders for reference,and explore how to our country the corresponding punishment system should be perfected in the substantive and procedural aspects.