On The Reintegration Of The System Of Ralatives' Mutual Concealment To The Modern Law

The system of ralatives' mutual concealment,also known as the first kiss of relatives,has been a very important legal system in ancient China since the beginning of the pre-Qin times,which has influenced the rule of law in China for more than two thousand years.But it was abandoned after the founding of new China in 1949.At the same time,the developed countries have gradually attached importance to the legal system,and have set up legal rules and systems to reflect the hidden thoughts of the system.Although in 2012 the revised "Criminal Procedure Law" in the provisions of the close relatives enjoy freedom from being forced to testify rights,but concealment system has not yet been in the modern law are fully implemented,the only in the field of criminal law embodies the full return of modern distance sporadic law far.Compared with the different experiences of family concealment in China and the developed countries,it has to be puzzled.It also leads to the theme of this article:is there any necessity and possibility to comprehensively return to modern law in the modern era?How does it get back?This article holds that the system of ralatives' mutual concealment has always been an important legal system in ancient China from the beginning of the pre-Qin times to the end of the Qing Dynasty.At present,our country has entered the new era.It is opening the rule of law in an all-round way.It's very important to rejuvenate the traditional culture and promote cultural confidence.Although this system has existed in ancient China for a long time and it has great value for the country,society and family,but it has been in a negative position for a long time after the founding of PRC.Because of the imperfect system also brings some defects and shortcomings in the modern law,as civilization has not been interrupted in the state and society,concealment system is still suitable in the deep foundation of the modern law,as an excellent legal culture system,in today's China still has the necessity and possibility of is the inheritance and continuity.In the new criminal procedure law revised in 2012,the 188th embodies the idea of concealing relatives.It shows that legislators have realized the rationality and necessity of the existence of the thought.The method in the first paragraph of article 188th,the witness should appear in court,for a justifiable reason to appear in court,which includes the justification of kinship,which of these four kinds of situations of the defendant of husband and wife,parents and children,brothers and sisters could not appear in court,which conferred by relatives have refused to testify the right is the embodiment of China's ancient concealment thought obviously.In the context of the legal provisions and the practice of these years,the aim of this article is to regain the system of parental concealment and make it return to the modern law.The general idea of writing is:what-why-how.Under the guidance of this idea,this paper reviewed and analyzed the system in a comprehensive way.What.Including the first part and the second part of the text,it focuses on the institutional meaning of the relative concealment system and what value it has.Why.In the third part,the text analyzes the necessity and possibility of returning to the modern law by the relative concealment system.How.The fourth part of the text is a solution based on some defects and deficiencies in the current legal system construction,that is,the idea of how to return to the modern law in China.Chinese civilization has never been interrupted since ancient times.As an important legal system in ancient China,the system of concealing relatives and relatives has been applied in ancient times,and it should also be applied in contemporary China,where civilization has never broken.In the context of cultural revival,the return to modern law by relatives and relatives is of the dual significance of the construction of the rule of law and the confidence of the culture.