“亲亲相隐”的立法演变及其现代价值

The Historical Development and Modern Value of the Legislation for "Concealing Relatives'Crime"

十一届全国人大常委会第二十二次会议初次审议了我国《刑事诉讼法修正案(草案)》并在中国人大网公布。该草案完善了证人出庭作证制度,规定了人民法院不可以强制被告人的配偶、父母、子女出庭作证,因为强制其在法庭上进行指正,不利于家庭关系的维系。文章梳理了我国传统法中"亲亲相隐"司法理念的产生和发展脉络,实际司法运行状况及其在当代的"命运",指出此次刑诉法的修改是对"大义灭亲"司法原则的颠覆,更是对"亲亲相隐"传统的继承与更新。

The Draft Amendment of the Criminal Procedure Law was first examined at the twenty second conference of the eleventh Standing Committee of the National People＇s Congress and has been published on the website of the National People＇s Congress.This draft improves the system of the witnesses＇ appearing in court and stipulates that the Court should not compel the defendant＇s spouse,parents and children to appear in court as witnesses,for it is harmful for maintaining family relationships.This article presents the formation and development of the judicial idea for concealing relatives＇ crime,the judicial operational status and present destiny of it.It is pointed out in the paper that this amendment of Criminal Procedure Code has overturned the principle of ＂placing righteousness above family loyalty＂,moreover,inherited and renewed the principle of ＂concealing relatives＇ crime＂.