Research On The System Of "Kin Compatibility And Concealment" In Tang Law

"Kindred compatibility and seclusion" can also be called "kindred compatibility and seclusion" or "kindred compatibility and seclusion",which means that relatives can conceal their SINS from each other so as to exonerate each other."Kin compatibility and concealment" was originally an ethical principle,but it became a legal system in the Han Dynasty,followed by successive generations.The scope of concealment gradually expanded,and gradually evolved from rights to duties.The starting point of this system was to protect and respect family affection."Kin compatibility and concealment" is an important system in ancient Chinese law,which has a decisive position.As the earliest and most complete feudal code preserved in Chinese history,Tang Dynasty's Law and Law is the most mature stage in the integration of rites and laws,and also plays an important role in the legislative history of ancient China.In the rule of law in contemporary society,the system of "relatives' compatibility and concealment" is more in line with human emotions and trust,reflects respect for human nature,helps to maintain the harmony of the family,has the significance of expecting possibility,and is conducive to the perfection of relatives' right to refuse evidence.In the process of improve the system of "let hidden power",we should not only draw lessons from foreign legislative achievements,but also a more comprehensive understanding of the legal system of tang dynasty and a more detailed understanding of the Chinese traditional legal characteristics of the combination of "Rites",in order to reference in the system,the "capacity" system construction also has important practical significance.This paper discusses and studies the system of "relative compatibility and concealment",which is divided into the following five parts:The first part is the introduction,which gives a brief overview of the research background and significance of "relative compatibility and invisibility",introduces the research status quo at home and abroad,and the thinking and methods of the research,as well as a simple summary of the research features and innovations of the paper.The second part is the overview of the system of "relative compatibility and concealment".In this part,the meaning of "relative compatibility and concealment" is analyzed,and the historical evolution of this system from the Western ZhouDynasty to the Tang Dynasty is systematically combed,so as to have a deeper understanding of its development process.The third part is the detailed introduction of the system of "relatives' compatibility and concealment" in tang law.First lists the name of case law in the introduction to this system,the second to "fight the litigation law" "catch wu law of" the three "settle a lawsuit law" article about "relative compatible implicit" list,the laws of each of the detailed analysis of the tang provision about this system,thus summarizes analyzed ethically "," the characteristics of the provisions of the relevant legal provisions.The fourth part,based on the previous analysis of the "kin compatibility and concealment" system in Tang's law,deeply explores the legal view of Tang's law from three perspectives,namely,the rule of etiquette,the confucianization of law,and the relationship between human relations,thus laying a foundation for the perfection of the contemporary rule of law in the fifth part.The fifth part focuses on the contemporary construction of rule of law,according to the first four parts for compatible "relatives" analysis and understanding of the tang dynasty legal system,lists the currently at home and abroad about "compatible relatives hidden" the status quo of this system,analyzed the system construction of the meaning of the contemporary legal system construction in our country,puts forward the enlightenment to our country's legislation,also is the construction of legal system of our country can be perfect.Kinship compatibility and concealment is an important legal system,which has been constantly mature and perfect in the long history of development.The combination of "courtesy" and "law" in The Tang Dynasty is more perfect,and its thought is also worthy of reference.To perfect the system of "concealability" with Chinese local characteristics,we should start from the subject elements and object elements,absorb the advantages of foreign laws,inherit the critical thoughts of Tang Law,and integrate them organically,so as to build the system of "concealability" better.