Reflections On The Offenses Of Depression

The father conceals the misconduct of the son,and the son conceals the misconduct of the father.Uprightness is to be found in this. In the spirit of take the essence to the dregs to carry forward the Chinese traditional culture,Some good law in ancient Chinese legislation in today’s society is seen as dross thoughtless negative,should the implicit system is one example. Not only from the legal level cut out the characteristics of the heavy family ethics of Chinese traditional culture,also legislation with most countries in the world.After slavery in the west,let hidden system method,the method of feudalism and capitalism method,after the baptism of not killing,instead of more mature,and capacity of implicit system in our country present criminal law in the absence of pity. Countries since decades of practice has proved that it does to a certain extent,eliminate the significance,the basic structure of the family as the society also brought the family indifference,lack of sense of responsibility to the society of the serious consequences.In the face of reason and legal conflict,right?Or to the left?Analyzes let the sin of hidden behavior research,in order to make the criminal law a balance in the reasonable and legal,to better implement.Given the status quo of the missing of Immunity of Relative Witness System,this paper first expounded the conception of Immunity of Relative Witness System,with an in-depth analysis of the value of Immunity of Relative Witness System. It does not only respect the individual rights and interests,but also sustains family stability and social harmony. In addition, it guarantees the fairness and justice of caseentity,and thereby highlights the humanistic concern of the criminal law.Therefore,it is one of indispensable evidence system of modern country characterized by "ruled bylaw",and its existence is full of reasonableness and necessity.Therefore, for relatives between implicit behavior, criminal law when to let go. Both reasonable reference for Chinese traditional legal culture and the horizontal transplant of western legal culture, will be hidden system into China in the construction of criminal law to have a major theoretical and practical significance.Besides preface and epilogue part, part is divided into four chapters: First chapter intends to narrative harmonious principle in China’s history and in the civil law countries and Anglo-American law system countries legislation, first discusses the legislative cases about ancient China, the bud in the spring and autumn period, development in the han period, the mature in the tang dynasty, continue to the end of the qing dynasty. Secondly discusses about other countries and regions should the legislation situation of implicit system, contrast, it is concluded that the revelation and reference to our country current society.The second part explores the status quo,causes and deficiencies of the missing of contemporary Chinese contemporary Immunity of Relative Witness System. Injudicial practice, the lack of Immunity of Relative Witness System is causally deep rooted and gave rise to a series of problems,and the establishment of Immunity of Relative Witness System is urgent and imperative.By the analyzing of the domestic principle of "tolerating and concealing between kinfolks" and the foreign Immunity of Relative Witness System,the third part concludes that the Immunity of Relative Witness System is by no means draw obstacles of democracy and rule of law,but the common choice of different ethnic and national groups in dealing with similar situations,which is in agreement with the trend of contemporary criminal legislation.Thus,the Code of Criminal Procedure is ought to be improved by adding Immunity of Relative Witness System,andmeanwhile assimilates the reasonable elements of the Chinese and foreign legal system.The third chapter mainly elaborates the basic theory of criminal law, from the boundaries of the nature, crime and crime is not a crime, the principle of a legally prescribed punishment, the theory of expectation of possibility and the tolerance requirement in the criminal law to analyze the capacity behavior out of the feasibility of sin.The fourth chapter based on China’s basic national conditions, calmly implicit behavior main body of the scope, the behavior way and the processing of special problems to let hidden system return to criminal legislation Suggestions, hope can let hidden system at an early date into the construction of the criminal law of our country, promote the development of China’s criminal law.