A Study Of The System Of Concealment In Ancient China

"Tolerance" is also called "cohabitation is to hide","to get the first to hide with a kiss." "Compatibility and concealment" is a provision in the ancient Chinese legal system.It prohibits relatives from accusing or giving testimony to each other.It has played a role in protecting the traditional ethical order in China’s long history.After the founding of New China,the concealment system was regarded as feudal dregs and abolished,resulting in it not getting the attention it deserved for a long time.Until now,Chinese scholars and relevant laws and regulations have not clearly defined the tolerance system.According to my country’s criminal law,all people who know the details of the case must proactively confess relevant information about the case and cannot conceal it.That is,the current criminal law stipulates that every person who knows the relevant information of a case has the obligation to testify,and also has the obligation to proactively provide information,and deliberately concealing information or misleading investigators need to bear the corresponding consequences.On the one hand,this is conducive to the detection of the case by criminals;on the other hand,because these people who actively provide information about the case include not only unrelated third parties,but also close relatives and friends of the person involved,which is not conducive to maintaining the family.Harmony and stability with society.Such a provision is worthy of recognition from the legislative spirit of "everyone is equal before the law";but from the perspective of ethical values,it is possible.In practice,there are endless cases of choosing "righteous extermination of relatives" and reporting relatives due to this kind of regulations in practice,which eventually resulted in many betrayal and family breakdown...It can be seen that contemporary society does not pay attention to and does not accept the system of inclusivity,which will to a certain extent.It causes the conflict between law and social morality,and makes the public think that the law is "cold" and "relentless".This will ultimately compromise the authority of the law.On the other hand,Western countries drew the essence from this local resource in Chinese history and widely established regulations such as the exemption of relatives to testify,so that the idea of "concealment" runs through modern criminal laws,and achieves the integration and unity of national law,human sentiment,and ethics..In fact,the human sentiments,morals,and rationality contained in the “tolerance” system are in harmony with the freedom,equality,and justice called for by modern law,and are in harmony with the construction of a harmonious socialist society,and are in line with the “promotion of traditional Chinese culture” advocated by President Xi."Creative development" echoes.Therefore,in view of this situation,it is indeed necessary for us to re-understand and evaluate the concealment system,re-pick up this important local resource in the history of Chinese law,explore its contemporary significance in light of the background of the times,and seek a balance between law and morality,and thus more Serve the contemporary society well.