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Talk about the history of Concealment System and its impact on modern criminal law

Author: DuGuoZuo
Tutor: PanQin
School: China University of Political Science
Course: Criminal Law
Keywords: Concealment System Affection Ethics Humanity
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 138
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Abstract

Concealment System in Ancient China at a very early time there, it can be traced back to the Western Zhou Dynasty bud to develop a \, in which straight men \From the Qin Dynasty Qing Dynasty play the disintegration of the feudal system, have been retained Concealment System, which means that our country's feudal rulers in conflict with the law and family all the while seeking a balance of affection reserved for a larger space, in accordance with the identity of the different penalties for the same offense, respectively, maintaining family stability, maintain social order. To the Republic when the country is not a feudal country, and Western ideas and the establishment of the modern legal system makes our law has changed dramatically, but the capacity of the system has been hidden preserved. Taiwan, Republic of China Criminal Law Criminal Law by the great influence, so in its current criminal law also retained Concealment System. Western also has Concealment System, used since ancient times and modern Western countries have acknowledged the criminal law system. While the East and West cultures, ideas, perspectives, there are many differences, but have had a similar content Concealment System, which shows such a system is in line with moral and emotional expectations of all mankind is in line with human system. No estimates of the criminal law provisions Relatives, I think this is a very regrettable absence. China's laws should be introduced Concealment System, recognizing family component, detente \So I wrote this article to collect data. This paper is divided into an introduction, four chapters and conclusions six parts. In the introduction, I explained the origins of this writing the object of study and papers, literature review and writing background, purpose, purpose, significance. Then in the text for specific description. The first chapter is Concealment System in history, describes the ancient Chinese and Western Concealment System ancient Concealment System, so that we see that although the eastern and western cultures are different, but they are bred out of the Relatives of the humane regime. The second chapter is modern Western Concealment System, by pressing charges Category way to introduce the different countries of theft, embezzlement, fraud, concealing the crime perpetrator, Destruction of Evidence and other related offenses and Concealment is how to provide and also introduced a bit of Taiwan Criminal Law provisions concerning Concealment System. The third chapter is to investigate whether the system should be introduced Concealment existing criminal law in the past, some scholars believe Concealment System is a kind of feudal dross, should be abandoned, should not introduce criminal law. However, some scholars believe Concealment System is a human face, meet anticipated possibility of system is the maintenance of the system of human relations and affection, should be introduced to modern criminal law. I agree with the latter view, that should be introduced in the Criminal Law Concealment System. The fourth chapter is about how to introduce the existing criminal law system design Concealment System. I believe that our country can and Concealment related offenses set to civil action; then provides for Concealment relatives range: limited to spouses, lineal relatives and cohabitation of wealth; further provisions Concealment System punishment was \or be exempted from punishment, \Because modern society, focusing on the protection of individual rights, people are awakening sense of freedom, unwilling to be family, clan and other constraints, liberty and the pursuit of the realization of their rights, so in a particular case should be treated differently. If the offender's case was particularly bad, or the victim feel injustice, can not tolerate this kind of as their relatives, or should be punished, otherwise it can not protect the rights of individuals, damage to the interests of victims, the identity of individual rights prevail. Such behavior is not consistent with the spirit of modern criminal law. Final conclusion: China should introduce the existing Criminal Code Concealment System, but the introduction of the time to be careful not to cause retrogression of history.

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