Improve Family Concealment System In The Criminal Procedure Law

The thought of Family Concealment System was first advocated by the Confucian in ancient China. It is originated in the concept of "filial piety". The thought of Family Concealment System became an institution in the Han Dynasty. With dynasties, Family Concealment System was also constantly evolving, but it was always presented in the legal system of all the dynasties. However, with the establishment of People’s Republic of China, due to historical, political and other reasons, China’s Criminal Procedure Law denied Family Concealment System. Even if the new Criminal Procedure Law was passed in March 2012, only relatives testify obligation has been adjusted, but not be prescribed for relatives to testify this fundamental issue obligations. Based on the laws of human nature, the protection of human rights considerations, improving Family Concealment System in the Criminal Procedure Law is necessary.The first chapter is an overview of foreign relatives from punishment. First, the article discusses the process of China’s ancient Family Concealment System. Secondly, the article explores its evolution in different periods of history, focus on the legal maturity period of the Tang Dynasty Confucian. Secondly, the article describes the Family Concealment System in extraterritorial Criminal Procedure Law, and to be cited summarize common law, civil law countries as well as the relevant provisions of China’s Hong Kong, Macao and Taiwan regions.The second chapter discusses the legislative status quo relatives from punishment in the Criminal Procedure Law and the causes, based on the first chapter. First, the article describes the existing provisions in the Criminal Procedure Law of Family Concealment System and existing problems. Secondly, the article explores the reasons for the current Family Concealment System in our criminal procedure legislation existing problems.The third chapter discusses the perfect Family Concealment System functional value, on the purpose of the value from the perspective of law. Among them, these values include the values of both the individual and the community. After that, the article on the Family Concealment System Problems raised Solutions. Among them, including the nature of Family Concealment System and relatives scope exclusions, exceptions, the exercise of the stage as well as procedural matters.