亲亲相隐在我国法律制度中的合理性--加拿大Essay代写范文

加拿大留学生Essay代写范文:“亲亲相隐在我国法律制度中的合理性”，这篇论文主要描述的是亲亲相隐指的是亲人之间如果出现了过失或者是违反了法律，亲人之间都是不忍心追求或者是相互包庇回护。本文认为亲亲相隐是我国历史文化的一种，也体现了人性的本质，不仅仅是在中国，甚至在世界范围内，都应该将这种文化吸收到法律制度当中。

Is not difficult to find throughout our history, concealing the system endures, its guidelines and to advance the process of China's legal system. Of course, concealment can has a long history and is closely related to the content it embodies. Concealment with the return of human nature as the most essential value. This is the kiss system has experienced much turmoil in China remain the root cause, not only in our country, concealing in the other countries of the world were fully utilized. However, we regret that it has disappeared in our contemporary legal systems, were gone, this is unconscionable. We need to reflect on, this should be followed by 5,000 years of Chinese culture into our legal system, and equip it with new vigor and vitality. Of course, it goes without saying that this is a huge project, is a larger challenge to judicial, we should have legislation, law enforcement, judicial, abide by the law in all aspects, its existence has become a reality.

Any lack of Kiss in the existing legal system in China

Kiss system described in our history a glorious one, which also reflected in the world. For example many foreign countries are also on the relatives have the right to refuse to testify, although in different regions, with different legal and cultural origins, its concealment system embodied the soul of things without the slightest change. However, the sad thing is, in our current legislation on concealment system requires very little. As the Fan Zhongxin Mr by said: "China old legal told" Kiss statue statue ", we think is feudal patriarchal doctrine, we" leather "has it of" life "; Western method told" Kiss statue statue ", we think is bourgeois hypocrisy of" humanity on the ", is" tender of veil ", is deliberately fuzzy class nature of things, we also to" leather "it of" life ". Two lives "leather" after the fall, we have established a new and better? In this regard, we should make our worthy ancestors answers. "As Fan Zhongxin said, we should reflect on why concealment system in China's current legal system cannot get a good application to write student papers?

B any concealment system into the inevitability of China's legal system

In China's modern history had relatives among the formidable found strange bedfellows between couples, mutual distrust between the family, leading to the painful lessons of family breakdown. Obviously, relatives and concealment system maintains the family peace of mind, ensuring harmony between family, between family members should not feel insecure position concealment systems have a higher value. Compared with the so-called righteous fight, more for social stability, protection of family harmony. But even today, we witness evidence rarely introduce concealment, the lack of it leads to difficult to balance the value of conflict and, therefore, in my opinion, the kiss system into the existing legal system is imperative. I will from many angles analysis of dialectical system of evidence in their rationality.

A) human psychology

Kiss system can in Chinese history to survive so many years and its people closely related to the family ethic. It is well known that United States psychology founder created a hierarchy of needs Maslow theory, namely: five levels required for physiological, safety, love, respect and self-actualization. He would be safe in need of second place, visible security needs which has great significance for people and kiss also reflects the nature of the quest for security.

For each of us, home is our sad crying sheltered harbor, and rely on family members is one of our most solid, loved ones in our hearts are one of a kind place. However, the current system excludes concealing apparently get along with our traditional family, runs counter to the virtues of love. If we trust most people in the world have betrayed us, so we have what is worthy of trust? I think that real-world people who betray their loved ones in this less and less. Imagine you sell a theft to your loved ones how you will suffer heart pain? Not only hurt you, of course, he also betrayed by your loved ones your kisses even to lose trust in society. So for them, this is criminal in China's intentions has a very different effect. In short, if the law setting out the basic ethical values of society, it will not be able to. If so, this is the most tragic of the legal system.

（B) the angle between the rule of law and ethical ideas

Valued for its good management of the legal social order, for all live in harmony, peace and prosperity purposes. Many of China's modern legal system values, such as the values of human rights, justice, order and efficiency values. Understandable, in implementing a system, will inevitably be conflicts between the value, so is concealing. Concealment systems are the legal values of human rights and order value conflicts, so how to choose them? It is clear that human rights is especially important in our contemporary.

As we all know, countless wars and changes in human history, peace and violence, its theme is not free to fight for independence, for freedom. However human rights problem could not be a more reasonable solution, and even today remains a topic of great concern to everyone. Therefore, each country is trying to develop a series of laws and regulations and policies to protect people's human rights. In 2012 the new criminal procedure law has provisions relating to the system of concealment. Like their close relatives of the accused refused to testify and punish crime and protecting human rights as a fundamental principle of criminal law in the form of legislative provisions.

Have to say, when the relatives of crime, which can expose the effective punishment of the crime, the protection of judicial work smoothly, the interests of Justice. But because they betray their loved ones in jail is clearly not in line with the concept of protection of human rights. Dang family crime Hou, I wants to most people certainly is for instinct and be shield maintenance, refused to to judicial organ provides on its family adverse of evidence, this is humanity of natural select, if like China penalty v system will be testified as statutory obligations and its subject not excluded near relatives, this apparently and human rights concept alien, investigate its nature, and China ancient of implicated system no real difference. Meanwhile, do not pay attention to the protection of human rights, will inevitably lead to unjust and arbitrary justice. Between two evils for their light, when there is a conflict between the protection of human rights and punishing crimes, protection of human rights should be given priority, which for toleration and introducing the system of criminal evidence to provide a reasonable rationale.

(C) the theory of expected possibility

Anticipated possibility, that is, in the circumstances, can look forward to a person not as a crime and make the possibility of legal action, in the behavior people expect committed offences when deviating from this, actors on their intentional or criminal negligence of responsibility for the acts. Laws cannot force others to do their thing could not be completed at all, nor prohibit it from doing its thing that cannot be avoided. Thus, concealment system reflects the essence of the theory of expectation of possibility. Don't force other people to sell your family's behavior. Because in this case, we can't expect him to make bad faith behavior. From China's judicial practice, there are few people willing to testify for their loved ones, even for refusing to testify in the criminal law of our country under the harbor crime deterrence is still nobody willing to bow.

Preceding discussion shows that concealing the introduction of evidence system of our country is an urgent and important major projects, it is not just determined by the superiority of concealment system, combining rule by law and rule by virtue of our country demands.

Kiss Wednesday and introducing the legislation perfection of evidence system

As mentioned earlier, concealment, not only in our country has a rich history, and its traces can be seen in a foreign country. For example in Britain and the United States have about no self-incrimination of witnesses, and witnesses testified before the crimes of their relatives may be exempted from obligations. Of course, overseas production is strictly limited to the provisions, for example, only inside the conjugal relations of the spouses enjoy privileges, or kinship among family members can enjoy special privileges. Concealment system in in China should take abroad the best parts of the system. I think the kiss into our legal system was a necessary choice. Of course if you want to carry out a legal regime to society, must go through legislation, law enforcement, administration of Justice, observance of this procedure, it is understood that legislation is the basis for several other processes. Therefore, the first thing we need to do is to first in the form of legal norms enshrined in the legal system. I think that legislation should be limited in the following areas.

(A) of the main rang

This system in the subject of how to define it? Scholars have different opinions, disagree. Even in contemporary legal systems, each range of close relatives are not the same. In fact, concealing when introducing the system of criminal evidence in its application definition of the scope of the subject is also a big problem. Should not be too broad, because it exaggerates the scope of a cover-up, clearly is a violation of the judicial system, but should not be too narrow, otherwise the creation of useless, meaningless. Therefore, I think that kiss the scope should be defined as "parents, children, (outside) support relationships between grandparents and their people." I think it's not only legislators can accept, and we the public can accept.

(B) concealment actions defined

In spite of the many unreasonable about the kiss system, Kiss system but we cannot be blind to the absorption, without distinction. We will introduce our legal system should be treated differently. I think, there are several types of serious crimes concealment systems do not apply.

1. with regard to crimes against State security. Endangering State security crimes stipulated in the criminal law of China is the first chapter, the social harm is extremely serious. Is the legal interest protected by the criminal law, and crimes that endanger national security against the vital interests of the State, for such dangerous behavior, I think concealment system should not apply. If it allows for close relatives of those crimes that endanger national security shield, will inevitably lead to national confusion, can't even control the life of the nation, there is no national policy to protect our human rights? For this kind of destructive behavior should be severely punished, concealment system can not be used in this type of crime.

2. the crime of corruption and bribery. Now wind of corruption rife in China, although the country has taken a series of measures, and still not be able to stop. Such crimes were distorted by people's values are moving in direction, people will see money and power as the true meaning of life, this is clearly an adverse social atmosphere. For this type of behavior, we should also be severely hit, as it affected the entire national people's thinking.

Therefore, these endangered national security not conducive to social stability the types of crimes, if shielding each other between near relatives, still harbouring crime under Chinese criminal law, the achievement of the rule of law, the need for maintaining social stability. But in these two types of crime other than the crime, shielding each other does not constitute a cover up such crimes among relatives. It was concealing the proper meaning of the values embodied in the system itself, is the objective need of protection of human rights.

(C) concealment systems involving subjective motivations of lim

Concealment systems so can't wait to need to introduce evidence system of our country the reason is nothing more than to solve family law when conflicting options. If relatives shield each other for their own personal benefit which is not allowed. A crime is joint crime in criminal law, that is, two or more joint intentional offence. If it is related to two people after the crime, concealing the system in order to make them from criminal penalties, it is obviously reasonable. Therefore, in my opinion, toleration and concealment of relatives under a system of Harbour maintenance may not be illegal based on personal interests protected, otherwise, this will lead to the dignity of the law were severely profaned and for legal purposes a great deal of damage.

Above, China of criminal legislation also need further perfect, although in China of new criminal method in the can see Kiss phase hidden system of shadow, but this far enough, not only in program method Shang need perfect China of evidence system, while in China of entity method that criminal Shang also should introduced Kiss system, that is China criminal legislation in the of shield crime harbouring crime in the of subject should nearly relatives excluded out, such from two aspects will this a system get is good of implement. Procedural and substantive both the kiss system introduced must play a crucial role.

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