On The Vacancy And Reconstruction Of Concealment System In Contemporary Chinese Law

The system of concealment has existed for thousands of years in the history of our country.It is not only one of the most distinctive systems of the Chinese legal system,but also has far-reaching influence and strong vitality in the world.The implicit tolerance system can not only comply with human instincts and emotional needs,but also help maintain the harmony and stability of the family and the entire society.In ancient Chinese history,the "Concealment of Concealing Relatives" has continued to exist as the main content of the Concealment System,which has grown from the buds of the Spring and Autumn Period to the peaks of the Tang and Song dynasties.In modern and contemporary China,Hong Kong,Macao,and Taiwan,as well as major rule-of-law countries in the world,all have relevant provisions in the respective laws.However,after the founding of New China,the Concealment System has been regarded as a “feudal dregs” and was suppressed and abandoned.Even during the “Cultural Revolution,” relatives reported each other and even strongly admired them,so they continued to use substantive laws when they were enacted.Since the founding of the PRC,the concept of "rule of justice" has ruled out the rule of law.Therefore,for a long period of time,our country has been advocating severe cracking down on crimes,ignoring the foundations of human ethics,andfundamentally abandoning the system of concealment.The absence of a concealment system cuts off the continuation of good legal traditions in modern law,and therefore has a negative impact on the operation of contemporary Chinese laws and on social stability.In addition to the introduction and conclusion,this article mainly includes four main parts: The first part is mainly about the general theory of the system of concealment,which is a summary of the system of concealment and the behavior of concealment,the analysis of the legal theory of the system and the evaluation of the Chinese and Western concealment system.The second part mainly analyzes the absence of the system in contemporary Chinese law,and analyzes the present situation of the vacancy of the system and the in-depth analysis of the reasons.The third part is the concrete analysis of the absence of the system in contemporary Chinese law,which is summarized from the legal influence and the social impact.The fourth part is mainly about the construction of the system in contemporary China,on the first three parts of the argument regression analysis for concealment system the necessity and the possibility of linking to the contemporary Chinese law,and will let the return of the concealment system put forward specific design idea.The author believes that the writing intention of this paper is not to fully rejuvenate the ancient Chinese system of toleration,but to establish a new conceivable system that conforms to our national conditions.Take the essence of "the ancient tolerance and the privilege of deprivation of modern western relatives" and break the dregs that are not in line with the actual situation,so that the contemporary system of tolerance can truly return to human nature,compassionate affection,and safeguard human rights.