The Research On Establishing The "Relator Shield" In Criminal Law

The "Relator Shield" means those who are the relatives in certain range can shield or harbor the criminal facts instead of being accused. As the principle of ethics and law tradition, it has passed on for almost 2000 years. And it also has been one of the most important parts in our traditional law culture. But after 1949, the "Relator Shield" had been repealled for abolishing the old system while building up the new law system. What's worth rethinking is that the principle is still being used in those law developed countries. What questioned me is that:Is the "Relator Shield" contrary to the modern law system? Is there any necessities and possibilities for "Relator Shield" to be adapted in our law system? In order to resolving these questions, the article is to research the history, development and necessities of the "Relator Shield".The Dissertation is four parts:Chapter one is the overview of the "Relator Shield".In this partâ… use the historical analysis to describe the implied meaning, origin and the development of history and so on.Chapter two use the comparative analysis to research the position of the "Relator Shield" in Sino-foreign from the perspective of the orthogonal. In this part of the final, I study the reason why our country not use the "Relator Shield".Chapter three use the value analysis to proof the necessities and possibilities for establishing the "Relator Shield" in Criminal Law in the perspectives of the theory of law and social facts. From it,we can conclude the solution that:the "Relator Shield" is in accordance with the essence of the modern system and the "Relator Shield" is not only comply with the theory of possibility and modesty, but also reflect the value of the modern Criminal Law.Chapter four reaffirms the necessities for establishing the "Relator Shield" in Criminal Law in the basis of the former three parts.