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Family Concealment System in the reconstruction of China 's criminal law

Author: BaiMei
Tutor: PanQin
School: China University of Political Science
Course: Criminal Law
Keywords: Concealment System Legislative Value Reconstructed
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 208
Quote: 1
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Abstract


Family Concealment System is an important system in ancient China criminal law , there is more than two thousand years in the annals of the Chinese Legal System . The one hand , the existence of this system to maintain the ruling order of the ruling class , on the other hand , reflects the humanitarian principles of the criminal law and the care of the human family relationships with the implication of profound value . However , after the founding of New China , due to various reasons , the legislative system of socialism in this system were repelled , makes us hard to find nowhere in the area of ??the rule of law in the existing criminal . Mr. Zhang Jinfan said: \Situation into law, Law and Ethics , easy acceptable ; law Shun favors, dilute the law 's stiff with cold appearance , but is easier to implement . Family Concealment System The author believes that the lack of existing criminal law is the legislators did not deal with the law and a manifestation of the love relationship , not only to some extent hindered the process of socialist rule of law in our country , and our pursuit of the spirit of the rule of law building a socialist harmonious society is not consistent . This paper tries to Family Concealment System Comparative Study , clear the value of China 's criminal legislation , and trying to reconstruct this system in the field of criminal law , make the law more humane , in line with the spirit and philosophy of modern law . The paper first describes the historical evolution of the Chinese and foreign relatives Concealment System , features and comparison to judge proposed Concealment system in our country has a rich cultural heritage , and has as a general applicability of the legal system of most countries of the world , legislation adopted . Family Concealment System is missing a manifestation of our current criminal law is based on analysis of proposed Our Criminal Justice of Concealment System established in legislation the value necessary to reconstruct this system in our criminal law . However , the reconstruction of the system , must grasp the core values ??of the design of the system , the strict application of the restrictions and liability , the only way to play to its value in the theory and practice of the system . Specific provisions designed to reconstruct the system in China 's Criminal Law and Criminal Procedure Law at the end of the article the author .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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