Research On The Principle Of Concealing Relatives And The Reconstruction Of Modern Law

The principle of relative concealment,which originated in the spring and Autumn period,was established in the Han Dynasty and integrated into the Tang Dynasty,is a classic legal principle that has been circulating for thousands of years in China.Although the ancient rulers used the principle more to consider its role in maintaining autocratic rule and stabilizing social order,they could not ignore the spirit of caring for family and human nature contained in the principle itself.Therefore,even though the principle was embodied in the system of refusing to testify relatives in modern society,respecting and loving relatives were still the starting point of its establishment.Unfortunately,due to various special political and historical reasons after the founding of the people's Republic of China,this principle gradually withdrew from the historical stage in mainland China.At the same time,"killing relatives by righteousness"is more and more favored by legislators.Although there are factions in the law,kinship has no borders.Throughout the world,"concealment of relatives" is reflected in the laws of most countries and regions,and plays an important role in protecting civil rights and social stability.Although intimate concealment was once "abandoned" in our country,the idea of concealment has been deeply rooted in people's hearts for thousands of years.With the continuous improvement of the construction of the rule of law,the continuous strengthening of the protection of human rights and the common appeal of all sectors of society,criminal policies,legal provisions and judicial interpretations containing the spirit of concealment have been introduced in succession,making the return of concealment of relatives has become a trend.However,the formal application of this principle in the current law of our country is still unsatisfactory,which is undoubtedly a pity in the pursuit of good law and good governance and the advocacy of law humanization today.In this regard,the author studies the historical evolution and legislative status of the principle of concealment,analyzes the necessity and feasibility of its reconstruction in today's society,and then constructs the proper meaning of the principle of concealment by relatives in the new era,so as to promote its return and application in modern lawThis paper mainly discusses from the following four parts:The first part is the historical exploration of the principle of concealment of kinship.First of all,it introduces the connotation of the traditional principle of concealing relatives.After that,the author combs the historical evolution of the principle from the spring and Autumn period to the founding of the people's Republic of China,and summarizes its main characteristics.Finally,it analyzes the historical causes of the application of the principle in the traditional society.The second part is about the current situation and causes of the principle of concealment of kinship in contemporary legislation.First of all,it analyzes the reasons why the concealment of relatives was abandoned in the early days of the people's Republic of China.Secondly,it studies the current situation and causes of the principle of concealment of kinship in contemporary legislation.Finally,it analyzes the shortcomings of the principle,which leads to the necessity and feasibility of the principle of concealment in the contemporary legal reconstruction.The third part,the necessity and feasibility of the legal reconstruction of the principle of concealment of relatives.First of all,this paper discusses the value of the principle of concealment of kinship in the aspects of humanity,society,judicature and rule of law,so as to show the necessity of the reconstruction of the principle in modern society,and thus leads to the feasibility of the reconstruction of the principle of concealment.On this basis,from the aspects of criminal law theory,criminal policy,judicial interpretation,foreign laws and regulations,and the practice of scientific and technological development,this paper analyzes the various conditions for the legal reconstruction of the principle of intimate concealment,and paves the way for the specific idea of the legal reconstruction of the principle.The fourth part is the reconstruction of the principle of concealment of kinship in modern law.In this part,the author reconstructs the subject scope,subjective motivation,concealment scope,behavior scope and legal responsibility involved in the concealment of relatives from the perspective of substantive law,and then makes suggestions on the content and procedural provisions of the right of refusing to testify of relatives from the perspective of procedural law,so as to make every effort to conceal the origin of concealment of relatives It can return to the current law as soon as possible and play its due role in modern society.