A Study On The System Of "close Relatives Concealing Each Other" In The Tang Dynasty

As a significant system in Chinese traditional legal culture,the system of "concealment between relatives" in Tang Dynasty has extremely rich value and significance.From the pre-Qin period to the Tang Dynasty,the system of "the relative concealment" was finally perfected.It has experienced the initial presentation of ideas,the origin of legislation and the development in a state of instability.The Law of the Tang Dynasty is a representative code of Chinese feudal law.It has made more specific and operational provisions on the system of "concealment between relatives" than the previous generation.The basic principle of "concealment between relatives" is defined in general rules of the law of Tang Dynasty.This principle is specified in other articles such as the Law of Thieves and the Law of Litigation.The system of "concealment between relatives" in Tang Dynasty is the embodiment of the spirit of propriety,which is characterized by giving priority to courtesy,embodying feudal hierarchical ideology,expanding the scope of concealment and perfecting specific supporting clauses.In the judicial practice of Tang Dynasty,some typical cases involving the system of "concealment between relatives" can be analyzed from four types: direct application,indirect application,inapplicability and special circumstances.In Tang Dynasty,the system of "concealment between relatives" has distinct applicable mechanisms in terms of its establishment elements,specific contents and so on.The hierarchical order of the system of "concealment between relatives" is obvious and it maintains the feudal autocratic monarchy.However,it also reflects the value connotation of human emotion.This system facilitates the harmony of family and society,and has practical significance for the construction of relatives' right to refuse testimony in China.By reforming this legal system,the system of "concealment between relatives" in Tang Dynasty will have the rationality of modern rule of law.A new system of "concealment between relatives" can be established,which not only embodies the humanization of law,but also can guarantee human rights.