Comparison Of Sino-fpreign The Kinship Concealment System And Significance To Our Country

As an integral part of the witness privilege system, the kinship concealment system is a response to human needs that complies with human emotions and ethics, in addition to answering for the need for safeguarding family and social stability. It can be found that the kinship concealment system is present in all legislations of major countries and regions around the world. The kinship concealment system has lasted long in our country’s history of law; but New China, for various reasons, chose to eliminate the system completely. It is unwise for us to deny its value only because it has once served the feudal society. This is harmful both to our country’s criminal justice and to humanity, love and family, and even to the social stability in the long run. Please note that thanks to long-term efforts by the academic realm, Article188of the2012Criminal Law Amendment states explicitly that "relatives are under no compulsion to appear in court as witness" Although it is interpreted as an indicator that the kinship concealment system begins to recur in our country, the reform has yet to touch the nature. By examining and comparing the kinship concealment system at home and abroad, the paper reveals how bad the long-term lacking of the system is and how necessary it is to our country’s contemporary society. A conceptual design that combines ethics and need for legal growth in our country at present is produced.