On The "Kin Concealment" System Improvement In Our Modern Criminal Legislation

The so-called "kiss Relatives", is one that can conceal another crime betweencertain relatives without punishment or mitigated punishment, that it is a legal offenseempowerment relatives can cover up the crimes of their relatives on the kissConcealment is human nature and look forward to the possibility of the theory ofcriminal law embodied, is the guardian of family ethics. Relatives Concealing thoughthas an extremely important role in China’s traditional legal cultures, it comes from theConfucian family ethics enlightenment, so that one of Kin Concealment becometypical of Confucian thought. With the development of the process of Confucianism,the state rulers of the Western Han Dynasty officially accepted Relatives hiddenthoughts, and there is a tendency to incorporate them into law among this idea withthe changes of feudal society and continue to mature, until the Tang Dynasty hasgiven this complete comprehensive and detailed provisions, making it an extremelyimportant for feudal society of the legal system, despite the late Qing Dynasty and theRepublic of China national unrest more serious changes in the larger social system,but Relatives Thought to be largely hidden but retained enough to see this system forChina’s great influence, along with the founding of New China, the establishment of aseries of systems to adapt to new social development, when the legislation of KinConcealment regimes a comprehensive exclusion and denial, but the system asreflected in family ethics but did not completely disappear. Today, many countries inthe contemporary design of the law are more or less reflected the principle of KinConcealment, while China, as the birthplace of this principle is almost not bereflected in the law which, until the new " Code of Criminal Procedure,"theintroduction, in which Article188can not be forced about spouses, parents, childrentestify law has aroused widespread concern academia, although not exempt fromcriminal suspects and defendants relatives obligation to testify, but also with theprovisions of international traffic on the far distance, but still progress, theimprovement of the rule of law. It also allows us to see the development of space Kin Concealment System, see relatives refused to permit the right to build hope in whichour legal system. Internationally, many countries have now established the relativesrefused to permit them right in their criminal law, so that the right to be a trend ofdevelopment, has thus let us see the Folk Repelling Certificate Right for criminalsuspects and defendants and their relatives protect the rights of family stability, socialharmony and the great role for maintenance. The author, after consideration of theabove situation, decided to analyze the history of Kin Concealment flow basis, andChina’s Hong Kong, Macao and Taiwan regions learn from foreign advanced designon this theory, and then propose the existence value Kin Concealment System,combined with China’s specific national conditions so as to further build the rule oflaw for the development of China’s relatives refuse to license rights, and the rights ofthe detailed design in which the substantive law, procedural law, in order to improveour criminal law help.