Study On Aggravated Penalty Of Killing And Wounding Superior Relatives

The Taiwan region criminal law has the provisions of killing lineal elder relatives to increase the punishment. Same as the heritage of Chinese civilization, the mainland criminal law has no similar provisions. Even has been regarded as emphasis on "parity" in western countries, such as France, Spain, still keeping the system of killing or wounding elder ascendants to aggravate penalty. At the first glance, the mainland current criminal law has cut off the ties between traditional legal culture and Chinese split,even compared with western law,the latter seems to be more equal. This is related to the legal succession, transplantation and creation.Chinese traditional culture and the legal culture have stretched for thousands of years, which already formed the unique characteristic of Chinese traditional culture awareness of the law. That is to say, both legal transplantation and creation are necessary to make legal system match with the national traditional culture and people’s law consciousness. Not only should not be too radical, but also can not cut off the traditional national culture. Whether it’s necessary to add the provision which reflect Chinese traditional culture of filial piety to criminal law is significant.This article combed the criminal law of The Taiwan region, the system changing course, Chinese Dynasties ancient killer ascendants aggravated penalty provisions, battle of institutional reform in the late Qing Dynasty and then combed this system in western countries, and analysis the possibility and feasibility of the system reconstruction.I think that our country should reconstruct the country- family- individual structure. It should not be considered as unconstitutional.This system match with our country’s traditional legal culture and national legal awareness, which has the feasibility and can start from the judicial practice.