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虽然亲亲相隐制度自古便有,且传承了几千年,但现在,我国法学领域仍对其持否定态度。事实上,亲亲相隐与现代法制精神并不完全违背,相反缺乏亲亲相隐制度的我国法律,在司法实践中遇到了重重困难。法律的人性化构成了法律的价值基础,缺失亲亲相隐的法律也是对人性的漠视,重构亲亲相隐制度具有重大现实意义。
Although the kinship system has existed since ancient times and passed on for thousands of years, our country’s jurisprudence still holds a negative attitude toward it. In fact, the relationship between relatives and the modern legal system is not completely contrary to the spirit. On the contrary, our law that lacks the system of relatives and in inmates has encountered numerous difficulties in judicial practice. The humanization of law constitutes the value basis of law. The absence of the law of relative delusion is also a disregard of human nature and the reconstruction of the system of relative deference has great practical significance.