On The Reconstruction Of The Subject Of Harboring And Shielding Crime From The Perspective Of "concealing Relatives"

In the thousands of years of the existence of the Chinese legal system,the institution of "concealment between the relatives" has occupied an important position.In the ancient Chinese society,which emphasized the patriarchal clan and patriarchal system,the disclosure and reporting of relatives against each other was considered to be a serious violation of the "ethical code",and was not allowed by legislators of several previous dynasties.It was then so called "concealment of relatives".In the long feudal society,the relatives are forced to conceal their criminal acts from each other.The concealer will not be punished or be lenient punished.Instead,the informer will be severely punished.In the current criminal legislation of our country,the criminal subject of the crime of harboring and shielding is the general subject,that is to say,even the harboring and shielding among the close relatives are all punished according to the crime.The law compels people to report the criminal acts of their close relatives,which seriously violates the ethics of human beings.In general,after the criminal acts are committed by close relatives,they will have no way to go but to turn to their relatives who are “connected” by their blood.Based on the blood connection,it's usually hard for their close relatives to make rational judgment because they will instinctively want to alleviate the pain of their relatives.It would be against the basic human nature to force them to report their relatives or even catch their relatives by themselves.A good law should follow the principle of " Lex non cogit ad impossibilia",and should not violate Humanity.Therefore,the author will introduce the principle of "concealment between relatives" into the crime of harboring and shielding,while close relatives will be excluded from the subject of the crime of harboring and shielding.This paper starts from the historical origin of the principle of "concealment between the relatives" and makes a comparison of the system of “concealment between the relatives” in China and in foreign countries to clarify that the development process of "concealment between the relatives”.Indicating that "concealing between the relatives" is not a unique system of China,but a common historical choice of ancient and modern China and foreign countries.Thus,it leads to the modern value of the principle of "concealing between the relatives".It focuses on the important role that the system of concealing between the relatives can play in today's society,in order to show that the system is not so-called "feudal dross",but a legal system with vitality and great modern value.Then starting from the current situation of judicial practice in China,includes the discussion and analysis of judicial practice as well as its current situation in our country.By sorting out and analyzing the judicial documents of our country in the past 20 years,it discusses the problems and disadvantages of not excluding close relatives from the main body of the crime of harboring and sheltering in our current judicial practice,and finally leads to the necessity of introducing the principle of "concealment of relatives" into the crime of harboring and sheltering.The lastpart is about the reconstruction of the subject of the crime of harboring and shielding.It takes the principles of legal rights,balance of interests and discretion as the principles to be followed in the reconstruction,and expounds the introduction of the principle of "concealing relatives" into the crime of harbouring and shielding from the perspectives of the scope of "near relatives" and their criminal responsibility,criminal behavior,criminal purpose,criminal subject and other exceptions hoping to be helpful to the legislative perfection of the subject of harboring and shielding.