中国传统“亲亲相隐”制度重构的必要性分析及立法建议

On the necessity of the system of refuse to testify against family member

"亲亲相隐"是一项具有中华法系特色的法律制度,自汉代以来被历朝的封建统治者所推崇。这一制度在新中国建立之后基本上被废弃。这种以伦理亲情为纽带的法律制度对社会稳定和和谐社会的构建有着十分重要的意义,笔者的社会调查也显示恢复这一制度是顺应民心的,因此应当在当代的刑事立法中予以重构。

The system of Refuse to Testify against Family Members is a law characteristic of the Chinese law system, which had been highly recommended by feudal rulers and repealed by the new China government. The writer made a survey about the influence of such a law to modern people, which shows the effect is very faint. However, the system is important to building a harmonious society because it takes moral as a bond. Therefore, it should be reconstructed in modern criminal law.