“亲亲得相首匿”原则及其在当代的适用

＂亲亲得相首匿＂原则是中国古代刑法中关于亲属之间相互容隐、建立在以儒家伦理思想为基础、以维护封建统治秩序为最终目标的一项制度。在司法实践中,由于它符合人性,得到民众的普遍支持,客观上发挥了一定的积极作用,但它却为侦查和司法审判带来了一定困难。

On the Principle of Relatives' Concealment and its Contemporary Adaptation

The principle of relatives' concealment is a system in the criminal law of ancient China.In ancient times,this principle was built on Confucianism and armed at maintaining the feudal order.Compared with ancient and foreign countries,regardless of the legislative intent,this system played a positive role in judicial practice.This institution was in accord with goodness and was supported by people.But,bringing about difficulties in detecting and justice is its disadvantages.