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On Legislation Improvement on Crimesof Harboring Criminals According to the Kin Concealment System

Author: ZhangPengFei
Tutor: LiXiaoMing
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: Hiding Crime of Relatives expect the possibility the characteristic of modesty
CLC: D909.2
Type: Master's thesis
Year: 2010
Downloads: 299
Quote: 1
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Abstract

Either from ancient China,Greece,Rome to modern world,or from slave law,feudialist law,capitalist law to socialist law,in different times and different countries and areas there were regulations on low down the penalties of the behaviour to hide the crime and criminals or provide the criminals with material support which affect the nation’s order of law. From the perspective of history or modern times,there are great similarities which should not be understood as coincidence. This kind of coincidence shows the common fact:this kind of system has deep connotation which we call Hiding Crime of Relatives or Tolerance of Relatives.For differenr kinds of reasons,the principle of Hiding Crime of Relatives can not be releases completely in the law system of our country and the relevant regulations are brief and loose and it can not be judged realiistically. As far as the crime of hiding crime,the relatives will be concluded as object in the crime order. Law is the art of mercy and justice. Based on the study of the conotation,characteristic,historic development and the law of foreign contries,the writer studies the reason and justice of the principle of Hiding Crime of Relatives and get the conclusion that it represent the ethnic functions of modern law system,the humility of law and philosophy,the value of mercy,the principle of possibility in consciousness. From the perspective of hiding and covering the crime,the writer proposes how to improve and perfect the system of Hiding Crime of Relatives and shows its realistic meaning.The whole passage are devided into three parts,about 28000 words.The first part is about the historical development and foreign law making habits of Hiding Crime of Relatives. In this part,the writer introduces the origin and historical development of the Hiding Crime of Relatives.The focus is on its deep cultural connotation. On the theory that stealing between the relatives are not crime and the value of the13th regulation of the law,the writer discuss the possibility of put this system into the modern law system. Second,through the comparison of system of tolerance and its relative principle,the writer find the difference and similarity of Hiding Crime of Relatives which 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 power and behaviour,such as the people working in the state administrative office and their behaviour are different from Hiding Crime of Relatives. Besides,the author gives advice on the reasonable combination of Hiding Crime of Relatives into bolstering crime and the improvement of the modern law.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > China
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