论我国刑事法律重建“亲属容隐”制度的合理性

On the Rationality of Re-establishing“Relative Tolerance and Latency”System for Criminal Law.

建国以前,亲属容隐制度在我国延续了几千年。建国后,由于我国当时的特殊历史条件,出于大局观念的考虑,亲属容隐制度被彻底废除。但重视亲情和人伦的观念深埋于每一个中国人的内心,亲属容隐制度在我国具有深厚的民意基础,在现代建设社会主义法治国家,尊重和保障人权的新的历史条件下,重建"亲属容隐"制度显得非常必要。本文从其符合人性发展的要求,保障了亲权,体现了刑法的谦抑性等方面论述了重建"亲属容隐"制度的合理性。

Before 1949, the relative tolerance and latency system had existed over thousands years. After the founding of new china, due to the special historical conditions, and from the overall situation consideration, the relative tolerance and latency system had been abolished completely. However, the concept of family love and ethics have been rooted in the heart of each Chinese people; the relative tolerance and latency system has popular support from the people. Under the new historical conditions of building socialist country under the rule of law, and respecting and protecting human rights, the necessity of re-establishing the ＂relative tolerance and latency＂ system has become extremely important. This paper discusses the rationality of re-establishing ＂relative tolerance and latency＂ system from different aspects, such as： meeting the requirement of the development of human nature,securing the paternity, embodying the modestly restraining spirit of criminal law, etc.