Research On The System Of Concealment In Ming Dynasty

As an important legal principle and system in Chinese traditional legal culture,concealment has relatively important legal value and research significance.The system of toleration and concealment in Ming Dynasty inherits the system of toleration and concealment in Tang Dynasty and changes according to the development of history.The Ming Taizu Zhu Yuanzhang,who was born at the bottom of the society,learned the historical lessons of the demise of the Yuan Dynasty,paid attention to punishing corruption and governing the world.At the same time,for the purpose of alleviating social contradictions,he paid attention to the ethics of propriety and ethics,and advocated the concept of "light on its light" in the aspect of the cultivation of customs,in order to change the social atmosphere and stabilize the social order.Therefore,under this social background,it is of great value to study the content change of the system of concealing and concealing in Ming Dynasty.In terms of ideological basis,the system of accommodating and concealing in Ming Dynasty inherits the concept of lenient punishment in Chinese traditional law,and at the same time,changes have been made to establish the legal thought of "lighter than others".On the basis of these ideas,the system of accommodating and concealing in Ming Dynasty is reflected in the Law of Ming Dynasty,the Decree of Ming Dynasty and the Regulations on Interrogating Punishment.The main contents include the establishment of the basic principle of "mutual concealment of relatives" in the "Law of the Ming Dynasty · Law of Famous Examples",and the further maintenance of the mutual concealment of relatives from the perspective of "doing deeds and crimes" in the "Law of Proceedings" of the "Law of the Ming Dynasty ·Criminal Law",and the detailed provisions on the concealment system in the "Law of Theft","Law of Prison" and other articles,to assist the implementation of the basic principle of concealment.At the same time,the Great Ming Decree and the Regulations on Interrogation and Punishment also contained relevant provisions on the system of concealment,which made the legislation system of the system of concealment more perfect in the Ming Dynasty.These systems were obviously reflected in the judicature at that time.This paper sorted out the cases involving the system of conceit in the judicial practice of Ming Dynasty and divided them into two categories: direct application of the principle of conceit and indirect manifestation of the spirit of conceit,and conducted in-depth research by selecting typical cases in the two categories of judicial precedents.The paper further analyzes the judicial characteristics of the combination of emotion,propriety and law,justice and justice in the judicial cases of the system of tolerating and concealing in Ming Dynasty.Under the historical background of the Ming Dynasty,the system of concealment and concealment effectively maintained the patriarchal hierarchy order and social harmony and stability,protected the kinship of human relations,manifested the confrontation between private rights and public rights,and played a more important role in social governance.The system of concealment in Ming Dynasty also contains the humanization of law,enhances the authority of law,contributes to the promotion of social stability,and has far-reaching value and historical significance.It is necessary to absorb the factors worthy of reference in the system of concealment of relatives in the Ming Dynasty,take the essence and discard the dross,establish the concealment of relatives as a kind of right under the modern legal environment,moderately expand the application field of the right of denying evidence of relatives,define the subject and scope of application of the concealment of relatives,and better integrate it into our modern legal construction.Fully learn from the wisdom and experience of the concealment system in social governance,in order to establish a modern "new" concealment system which can truly protect human rights and fit in with the contemporary thought of rule of law.