“亲亲相隐”与亲属间窝藏、包庇类犯罪的豁免

"Tolerating and Concealing between Kinfolks" and the Exemption of Crimes of Harboring Relatives and Shielding

"亲亲相隐"制度源远流长,在古今中外都具有旺盛的生命力。我国现行刑法对窝藏、包庇类犯罪的规定中全面舍弃了"亲亲相隐"制度,这有违人之常情,而且也有可能造成人情淡漠。应在立法中对古代"亲亲相隐"制度进行改造,构建出现代"亲亲相隐"制度,从而达到法律和亲情的平衡,避免国家刑罚权与人类亲情的直接、正面冲突。

The system of ＂tolerating and concealing between kinfolks＂ is both time-honored and well-established.The completely abandonment of such system in provisions of the current criminal law on harboring crime and shielding crime is against the common sense of all mankind,and may result in indifferent towards each other.Therefore,the modern ＂tolerating and concealing between kinfolks＂ shall be constructed by the reformation from such ancient system for the purpose of striking a balance between law and affection,and avoidance of the direct confliction between state penalties and kinships.