Dissertation > Excellent graduate degree dissertation topics show

Comparison of relatives privileges and \

Author: ZhangXiaoRan
Tutor: HuangGuoQiao
School: Yunnan University of Finance
Course: Legal Theory
Keywords: Concealment System Relatives privileges Of Kin Concealment Jurisprudence Analysis
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 176
Quote: 0
Read: Download Dissertation

Abstract

\Kin Concealment System in China's long feudal society has been living in a very important position, one of the basic principles of the ancient Chinese criminal law. Since the Han until the Ming and Qing dynasties, the final of the world of the feudal Kin Concealment System along with the feudal society, after the rise and fall, through the vicissitudes of two thousand years. After the founding of new China, it was as a \A budding Western Concealment System ancient Greek times to the Roman period have such relatives among testify shall not render the parents or the father has the right not to hand over to the victim children breaking the law provisions, the the Concealment thought continues to currently. Common law countries, out of consideration of the protection of important social relations, given some aware of the merits of the statutes, case law the right to refuse to testify, which established the principle of privilege. \Aspect contrast, our evidence legislation established the testimony of special exemption rights system there is a certain amount of theoretical and practical foundation. Kin Concealment System originated in China, benefiting Japan, South Korea, as far away as Europe and the United States, is one of the achievements and spirit of the Chinese Legal System, it shows there is a considerable degree of rationality. Refusing to Be Witnesses system of modern Western society in contemporary still play an important role in China's legal system has no relatives refused to testify rights, Kin Concealment System in China's traditional legal system in the modern legal system has disappeared. Tradition by no means decadent, conservative; national character is not evil, traditional historical and cultural accumulation, definitely not rational treatment completely eradicated; tradition lost lost national cultural characteristics, and lost along the history and culture basis. In a sense, the law of love as the core, the situation combined with something that is not a method to explore ways of achieving social justice. Because the referee can bring only when the law shun human, legal convinced. With the continuous development of China's political, economic and cultural, harmonious society and the socialist rule of law in the process of building such a reflection of human care system in China's modern legal system should be re-established. Therefore, this article attempts to phase in ancient China by comparing kiss implicit relatives of the rights recognized in some countries of the principles and Modern Concealment System Exploration \The reasoning is the law of life, the law into conformity with reasonable will bring prosperity, law paradox in reasonable death. \In future legislation, our legislators respond to the kiss-phase implicit in this traditional principle give the necessary attention to rational scrutiny, especially in the Evidence future legislation should be a place left for this principle, the basis of this principle established in line with China's national conditions among relatives testified waiver system.

Comparison of relatives privileges and \

Abstract

Related Dissertations