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“亲亲相隐”是我国传统的司法原则,为我国当下的法律制度所摒弃,依我国现行法律,包括犯罪嫌疑人亲属在内的凡是知道案情的人,都有作证的义务。作者认为这样的法律规定同一般的社会伦理不相符合,通过对中国与外国“亲亲相隐”制度的考察,及“亲亲相隐”制度产生的根源及必要性进行分析,进而提出在举国上下提倡和谐社会理念的氛围之下,我国刑事法律中应当在一定程度上允许亲亲相隐。
“Kiss relatives ” is China’s traditional judicial principles, abandoned by the current legal system in our country, according to our existing laws, including those relatives of the suspects, including those who know the case, have the obligation to testify. According to the author’s opinion, such legal provisions are not in conformity with the general social ethics. Through the investigation of the system of “kissing relatives” between China and foreign countries and the origin and necessity of the system of “kissing relatives” , Then puts forward that under the atmosphere of nationwide promotion of the concept of a harmonious society, China’s criminal law should allow relatives to conceal to a certain extent.