儒家“亲亲相隐”中的不平等问题新探

New Analysis of the Inequality in Confucian “Kin Concealment”

亲情是人类在后天的共同生活中所构造出来的角色性关系中的一种,人的独立自由才是人的本质,子女并不依附于其父母。平等是个体独立自由的本性所追求的,平等不仅在于法律上的平等权利,平等的真正要点应是哲学意义上的平等,即提供社会中的每一个人平等的自由,尊重、关注每一个体平等的道德价值,不由于个人的需求而发生变化。基于哲学领域内平等的视角,"亲亲相隐"折射了对受害一方的道德价值的不平等尊重和不平等关注。现今由"亲亲相隐"所引申出的"亲属拒证权",也缺乏立足之基,不利于当今的法制建设。

Family affection is a kind of relationship between human beings, which is constructed in the common life, just one of the social networks. The independence and freedom of human beings are the essence of human beings ; children don＇t tie to their parents. Equality is the pursuit of the nature of individual independence and freedom. Equality consists not only in the equal rights of the law, but also in the philosophical sense of equality, providing equal freedom for everyone in society, respecting and paying attention to the moral value of each individual. Everyone should have equal social conditions of freedom, should not be changed due to individual needs. Based on the perspective of equality in the field of Philosophy, the ＂Kin Concealment＂ expresses the unequal respect, unequal attention and unequal moral values to injured people. ＂The Right of Rejechive Testify of Family Members＂, which is derived from the ＂Kin Concealment＂, also lacks the basis of its foothold, which is not conductive to the construction of legal system.