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基于两起故意杀人案件中亲子相犯的差异化处置,追溯我国传统法律在涉及故意杀人罪中对孝道文化价值的维系,结合现代部分欧洲大陆法系国家在该罪中对家庭伦理的彰显。我们认为,刑法应当对量刑实践中亲子相犯时的差异化判罚给予合法性和正当性,彰显孝道价值。在全面推进依法治国的进程中,法治建设更应符合中国自身情况,观照中国的法律传统,符合广大民众所认可的普遍道德原则,体现法治自信。
Based on the differential handling of parent-child complicity in two cases of intentional homicide, this paper traced the traditional Chinese law to maintain the cultural value of filial piety in the crime of intentional homicide, combined with the demonstration of family ethics in the crime committed by modern European countries. In our opinion, the criminal law should give legitimacy and legitimacy to the differentiated penalties when parents and children commit crimes in the sentencing practice, and demonstrate the value of filial piety. In the process of governing the country according to law in an all-round way, the construction of the rule of law should be more in line with China’s own situation, the Chinese legal tradition, the general moral principles accepted by the broad masses of the people, and the self-confidence of the rule of law.