从亲亲相隐到期待可能性

From the System of Toleration and Concealment of Relatives to the Theory of Expectation of Possibility

亲亲相隐制度是我国古代法律中的一项重要刑法原则,期待可能性理论是20世纪以来在大陆法系国家日益兴盛起来的理论。从人性的角度,从亲亲相隐制度出发,探析亲亲相隐制度和期待可能性理论所蕴涵的普世性价值,借鉴期待可能性理论完成亲亲相隐制度的现代建构,使我们在法制现代化的进程中明智地对待这两项制度资源。

The system of toleration and concealment is an important principle of ancient laws, and since the 20th century, the theory of expectation of possibility has been growing prosperously. Their universal values are revealed from the point of view of humanity and of toleration and eoneealment. A modern system of toleration and concealment is built by using the theory of expectation of possibility for reference, enabling us to treat these two resources wisely in the process of modernization of legal institutions.