Analysis of the System of Kin Concealment between Relatives and Modern Legal Tolerance System
- 1 School of Philosophy, Beijing Normal University, Beijing, China
Abstract
The concept of “Kin Concealment System” is a traditional legal system in China, which has a profound ideological origin and rich legal practice in ancient China. It has also been a hot topic of discussion in the academic community in recent years. The product of the combination of Confucian culture and Legalist thought in this system played a role in maintaining the stability of state power and consolidating social ethics in the feudal society with a strong patriarchal system. After the founding of the People’s Republic of China, due to various factors, the system of allowing close relatives to hide was not clearly stipulated in the legislative system. Whether in European and American countries or countries and regions influenced by the Chinese legal system, the provision that close relatives can tolerate hiding and sheltering was retained. Overall, the establishment of the system Kin Tolerating and Concealing is conducive to protecting human rights, does not violate socialist morality and values, and is feasible in legal implementation.
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