| Concealment system is treated as a civil rights in the criminal law by most countries. As an obligation in the two thousand yars of feudal history in China, concealment system has always been the regulated content of criminal law in the past dynasties. In contemporary China’s criminal law, however, whether in the form of rights or obligations, there is no clear regulated concealment system, which is incomprehensible. Lack of hidden system, means that either with a criminal complete stranger, or the criminal had the family relatives, as long as they know about the criminal facts, they are due to obligate the duty of testify. This paper mainly revolves around three aspects:the reason of production of the ancient concealment system, the necessity of taking the concealment system into the contemporary criminal law, and how should we take its essence and discard the dregs in the view of the ancient concealment system.As for the writing routes, the paper is divided into three parts:the development of the concealment system in ancient China, the reason of the existence of the ancient concealment system in academia and whether the concealment system should be included in the research status of contemporary criminal law, the author’s opinion on the ancient concealment system and its inspiration to the Criminal Law and Criminal Procedural Law in our country. Morality is the inherent law, and law is the external moral. As for "whether the concealment system should be established in the contemporary criminal law", it is intended to illustrate how to harmonize relationship between affection and law; for the opinion "concealment system should be included in the contemporary criminal law", it shows that the author insisted that it should bring emotion to laws; As for "how to draw lessons from the ancient concealment system", it embodies that the author advocates to establish contemporary concealment system in inherit critical thinking style. The significance of this writing is to call for criminal law to return to the human nature, to reflect the tolerance value in the criminal law better, and to reveal the concept of people-oriented in the criminal law of our country, in the end to realize ruling-by-sound-law truly in society. |
