容隐制度及其当代意蕴

The System of Tolerating and Concealing and Its Contemporary Connotation

“亲亲相隐”曾被当作封建消极的东西受到摒弃 ,但这种以亲情伦理为纽带的法律制度在当今社会中仍有其存在的必要性与合理性。本文从“亲亲相隐”在中国传统社会的历史沿革出发 ,分析了其发展的历史向度 ,考察了国外对其的相关规定 ,并分析了其普适存在的相对合理性 ,从而反思中国当前的法治建设并提出了引入该种法律思想和制度的构想。

Tolerating and concealing between kinfolks” was once abandoned as something both feudal and negative, but this legal institution which takes kinship and ethics as its bond still has necessity and rationality to exist on. Starting from the historical evolution of “tolerating and concealing between kinfolks” in traditional Chinese society, the thesis analyzes the historical vector of this institution, investigates the relevant provisions about it in foreign countries, and discusses the relative rationality of its universal existence. Consequently, the thesis introspects the present construction of rule of law in China, and puts forward the proposition for introducing this legal thought and institution.