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亲亲得相首匿原则在古代尤其是汉代司法中发挥了重要作用,是汉律儒家化的表现形式之一,然而,时至今日该原则无疑有悖于市场经济中要求的法治原则,现行刑法中也规定了与该原则背道而驰的条款。因此,对该原则我们应取其精华的同时也应认识到其带来的消极作用并予以规避,以完善司法原则与刑法精神,促进法治建设的发展。
The principle of pro-kin-first appearance has played an important role in ancient times, especially in the Han Dynasty. It is one of the manifestations of Confucianism in Han dynasty. However, the principle today undoubtedly runs counter to the principle of the rule of law required by the market economy. Criminal law also provides for provisions that run counter to the principle. Therefore, we should take the essence of this principle and at the same time recognize its negative effects and avoid it, so as to perfect the principle of justice and the spirit of criminal law and promote the development of the rule of law.