Study On The Deficiency And Reconstruction Of Relatives Concealment System

The concealment between relatives system has the Chinese nationality characteristics, it based on thesmall peasant economy, the long existence of the system of relatives concealment has the cultural reason,the dominant status of the Confucian culture. It has the political reason include the political ethic of “thesame structure of family and country”. Together with the relatives concealment system can meet thenatural humanity, so the system of relatives concealment existed for more than2,000years in China.However, this system was completely abolished as one kind of feudal draff after the foundation of theNew People’s Pubic of China. The system disappeared in China since1949. Why our current legislationdoes not have the official establishment to the relatives concealment system? This article attempts toanalysis the reasons regarding the deficiency of the relatives concealment system, and make sometentative plans to reconstruct this system, hoping to be benefit to our legislation and make up regretting ofthis lost treasure.The main text of this article altogether divides into four chapters: Chapter1introduces the relativesconcealment system and the evolution and their unique features on each part of the system in Chinesehistory, and analyses the main reasons of the long-term existence, so as to find the way to reconstruct thissystem. The second chapter is the rationale of reconstruction of the relatives concealment system. Thischapter firstly analyzed its ethics morals foundation, points out that it has manifested concern to humannature protecting, helped to keep stable families and the harmonious society; and then discuss its legalbasis, conducts the conclusion that it conforms to the anticipation possible theory, fit the existing relatedlegal system. The third chapter analyzed the reason why we now reject this system. Lack of this systemwill bring some passive influences to the whole society. Through out this discuss, we can see the factsbehind the law. The forth chapter is the reconstruction of the relatives concealment system. This chapterclears the principle that the system should follow, and the concrete article design in the criminal law andthe law of criminal procedure.