Law Family Sympathy. Legal Theory

In view of our criminal law and code of criminal procedure in operation prohibiting from concealing crimes among relatives, this thesis makes a jurisprudential analysis of the law showing solicitude for emotional attachment among family members, from five different aspects of legal culture, showing loving care for human nature, ethics and morals, legal value and significance of the times, by two methods of analyses in the concrete and value analyses mainly. The law permitting concealing crimes among relatives is not a specific phenomenon of traditional Chinese culture of law, but the common legislative choice of Chinese and Western culture of law, for the long-term national interests. The human nature is a imperfect complex which consists of the evil, the good and the "neutral element" which is not the evil or the good, for example, affections and concealing crimes among relatives. In order to show loving care for the "neutral human nature", the law permits concealing crimes among relatives. Affections and concealing crimes among relatives are the common ethics and morals in human society, the law permitting concealing crimes among relatives accords with the ethical and moral demands of law completely. The law permitting concealing crimes among relatives contains abundant values, it's beneficial to the establishment of harmonious legal order and moral order, the enhancement of legal benefit of society and ethics, the reinforcement of the foundation of legal justice, the protection of the right which only exists among relatives, and refraining from involving each other in criminal cases in a disguised form. Its significance of the times lies in "giving priority to persons and then forming the harmonious society". On the basis of all the analyses above, this thesis makes suggestions in the end that our criminal law and code of criminal procedure in operation should permit concealing crimes among relatives to a extent, and gives the total thinking and the concrete design about formulating the system which permits of concealing crimes among relatives, with Chinese socialist characteristics.