从“亲亲相隐”谈我国窝藏、包庇罪完善-刑法学专业论文.docxVIP

On legislation Improvement on Crimesof Harboring Criminals According to the kin Concealment System Abstract provides the theoretical structure for hiding crime. The second part are about Hiding Crime of Relatives and the evil of hiding crime. From the perspective of law,emotion,habit and value,the author justify the possibility of put the Hiding Crime of Relatives into the law system. To the opposite,the author judges the value of the opossite idea. The passage points out that the law of hiding crime between relatives is against human nature. Hiding Crime of Relatives is a kind of natural represetation of human nature which can not be abandonned by people. It advocates a kind emotions that people share in danger which make the criminal relaizes that his family and his relative do not abandon him when he was given up by the society. It will give the criminal a kind of hope which can stop him from going on with the crime. And it will also be his motivation to change himself in the future. From the perspective of law,people cando what he can and cannot do what he can’t and just in this way it is against the law of possibility. Third,based on the law of modesty,the author judges on the disadvantages of Hiding Crime of Relatives. This passage points out that when all the means,such as enducation,persuation,explanation,judgement,pacification and administrative penalty,are not enough to control the consequences,the have the meaning to deny the law. And they can announce the crime thriugh law system and give punishment. The third part is about the improvement of the Hiding Crime of Relatives. This passage poind out the strcture of the improvement of hiding crime. First,it is the limitation of the criteria of the sunject of the crime,i.e. the limitation of the problem of hiding crime. The third pointconcerns the motivation of the relatives,such as for the unity of the family,for human nature or for individual profit. Forth point is about the limitation on the administrative