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亲属容隐制度在中国和西方法律史上都有悠久的历史。在当下西方法律制度中仍然存在着亲属容隐的空间,而在中国当代法制中,其因被当成落后的封建法律文化而遭致弃绝。亲属容隐可以调节法律与人情之间的冲突,可以增加社会成员之间的信任度,因而在今天的中国法律中,应该对传统的亲属容隐制度的合理因素进行吸纳,从而构建以自由、平等为精神的新型亲属容隐制度。
The system of gratification of relatives has a long history in both Chinese and Western legal history. In the current Western legal system, there is still room for relatives to conceal their rights. However, in contemporary Chinese legal system, they are rejected as being backward by the feudal law and culture. The gratification of relatives can adjust the conflict between law and humanity and increase the trust among members of the society. Therefore, in today’s Chinese law, the reasonable factors of the traditional system of gratification of relatives should be absorbed so as to build a free, Equality as the spirit of the new relatives tolerance system.