亲属特权与“亲亲相隐”之比较——兼论“亲亲相隐”的现代转化-a comparison between family privilege and.docxVIP

In contemporary, the system of the western society that social relatives shall refuse to offer testimony for each other still plays an important role. But there is no such provision in Chinese legal system. And avoidance of relative being witness system of Chinese traditional legal system has disappeared.The tradition never means decay and conservation; national character is not shortcomings, the tradition is the historic and cultural heritage, it’s not rational to eradicate it; to lose the tradition means the characters of the national culture is lost, and the historic and cultural basis for progressing is lost. To some degree, the law with affection as the core, affection and law combination might be a way to explore the social justice. Only when the law reflects the affection, the judgment of the law would be sincerely convinced. With the constant development on Chinese politics, economy and culture, in the process of constructing a harmonious society and socialist law, such a system that embodies human care should be rebuilt in modern Chinese legal system.Therefore, this paper tries to compare the principles of mutual concealment of kinship offenses of ancient Chinese with the modern concealment system of some countries which confirm the right of relatives, and to analyze how to transform the tradition of “mutual concealment of kinship offenses” to be modern. Affection is the life of a law. It should be prosperous if the law conforms to the affection, otherwise it should be perished. So, the reasonable “mutual concealment of kinship offenses” system should play an important role in the present process of building Chinese law and the harmonious society. In the future, our lawmakers should pay necessary attention to and rationally check the traditional principle of mutual concealment of kinship offenses system. Especially in litigation evidence legislation in the future, a space for this principle should be reserved. In the basis of this principle, a system of the