On The Subject Exclusion Of Near Relatives In Harboring Concealing Criminal

Overview of ancient Chinese Criminal Law, we can see "Kin Concealment" In ancient China’s feudal society, especially since the Western Zhou Dynasty, has been much of an ethical and legal principles seriously. In contrast contrary, the severing, father and son say so and so is the ancient rites are not advocated. This idea have a profound impact on the Chinese legal tradition.China’s "Criminal Procedure Law" Article60provides for the obligation of the people who know the circumstances of the case are witnesses, witnesses have testified. This provision means that the procedural law obligation to testify in a criminal case on the witness has been given. Obviously suspects, close relatives of the accused were also included in the scope of the witness. This also means that the legislator did not in the scope of the witness in the near relatives of the suspect, the defendant shall be excluded. But seriously affect the criminal proceedings, also will be subject to criminal penalties, criminal liability. To this end, China’s "Criminal Law" in section310provides for harboring, concealing the murder, as long as the perpetrator knowingly commits a crime, and to provide a hiding place, food and clothing, etc., to help them conceal or cover up to provide false evidence, even if the perpetrator is their close relatives, are also subject to legal action. This means not only among close relatives, harboring, shielding behavior should be subject to legal sanctions, but also means that when touching the legal sense, need to give way to a legal sense. I must mention that the current provisions of the Criminal Code without limiting harboring, concealing the murder of the main crime, although the judiciary prosecute, punish criminals played a positive role in promoting, but ignore the sense of family, abandon the traditional approach will to the social harm caused can not be ignored, it’s worth considering.In view of this, this paper,"Kin Concealment" principles of perspective, of harboring, near the main crime of concealing the murder of relatives excluded, objective analysis, the "Kin Concealment" principle of criminal law indeed a need to introduce and viable sex, nearly relatives subject of crime in harboring, concealing the murder of crime subject to be excluded, is to maintain the sense of family, the need to move ethics, protection of human rights is a basic requirement, is an effective way to restrict the power of the right. And with Modesty principles of criminal law, and the spirit of our criminal legislation, criminal world fit legislative trends, also shows that by amending legislation, harboring, concealing the murder dominant position in the near relatives of crime be excluded, can have a real operability. This article argues that in the framework of criminal integration, by introducing "Kin Concealment" principle in criminal substantive law, given their close relatives within a specified range in the Code of Criminal Procedure immunity to testify in order to achieve harboring, concealing the murder law return to the rational culture.