论我国容隐制度及其现实意义

On the System of Refusing to Testify against Family Member and Its Realistic Meanings

容隐制度又称亲亲相隐,是我国古代法律中的一项重要制度。它始于春秋,形成于汉,成熟于唐。我国的容隐制度在彰显孝道的同时,又反映了“礼法合治”下的人伦精神。因此,我国的证据制度应对之进行大胆合理的吸收。

The system of refusing to testify against family member is an important law system in ancient China. The beginning of this system is in the Times of Chunqiu, shaped in Han dynasty, maturated in Tang dynasty. This system shows the filial morality and reflects the ethical relation spirit. It not only benefits to the social diapason and stability, but also protects the natural affection and human rights. The proof system of our country should accept the system of refusing to testify against family member audaciously and realistically.