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“亲亲相隐”作为一项具有中华法系特色的法律制度,曾为历代法律所传承。然而,随着新中国的成立,“亲亲相隐”制度在我国刑事立法中却销声匿迹了。重构亲亲相隐制度,对当代中国和谐社会的法制建设有着重要的意义。本文试在阐明“亲亲相隐”制度合理性与必要性的基础上,提出我国刑事立法引入“亲亲相隐”制度的构想。
As a law system with the characteristics of Chinese law system, it has been inherited by the laws of different ages. However, with the founding of New China, the system of “kissing relatives” disappeared in our country’s criminal legislation. Reconstruction of the system of relatives’ deference has important meanings for the legal construction of a harmonious society in contemporary China. On the basis of clarifying the rationality and necessity of the system of “kissing relatives”, this paper puts forward the conception of introducing the system of “kissing relatives” in criminal legislation of our country.