亲亲相隐原则的法理探析及其在当代中国命运之检讨

Legal Analysis of the Principle of Immunity of Witness and Helping the Criminal Escape in Relatives and Its Destiny in Contemporary China

亲亲相隐在中国古代作为体现儒家思想、维护封建家长制统治的一项法律制度 ,在新中国已作为封建糟粕被摒弃。但从现代法治社会的眼光审视 ,其对社会最基本的人伦血缘关系的承认与关怀 ,仍具有独立存在的价值。前瞻其在中国未来之命运 ,应在刑事立法中占有一席之地 ,它表现为一定的亲属间相互享有作证豁免特权 。

Immunity of witness and helping the criminal escape in relatives has long been used as a law system reflecting Confucianism and supporting the rule of feudalism. After the found of PRC, it was abandoned as the evil of feudal system.The principle of immunity of witness in relatives, however, gives off lights of the rule of law and the value of law if it is reviewed from the sight of modern society. So we should acknowledge the immunity of witness in relatives in criminal procedural law in the future.