亲属容隐制度之现代建构

Modernized establishment of the rule of shielding relatives from punishment

亲属容隐这一人性化制度在中国现行法律中的缺席,不可不谓之为我国立法的一大遗憾。然而从法治之主体———人、容隐行为和现代法治之基本精神三个角度透析可知亲属容隐制度在当代中国仍具有存在之合理性与必要性,应根据我国国情,并借鉴外国经验对这一制度进行现代建构,以期待其在当代中国的回归。

It cannot be disregarded that the rule of shielding relatives from punishment is absent from the existing law system of China. However, as far as human nature, the effects of shielding relatives from punishment and the essence of the rule of law are concerned, the establishment of the rule is reasonable and is regarded a necessity in contemporary China. Recalling and establishing available rules should be conducted according to the present state of China and referring to available rules of other countries.