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近年来学界关于“亲亲相隐”问题的讨论,大多集中在对“直”和“隐”的理解辨析,也涌现了许多富有新意的理解。但是为了更好地理解这个问题,本文除了对之前学界对“亲亲相隐”的理解进行梳理和辨析之外,从具体的社会历史环境出发,认为子女隐匿罪过是为了避免父亲遭受残酷和不公正的刑罚,以此澄清“亲亲相隐”与现代法治思想并不存在本质的冲突;同时,本文结合《论语》中关于“孝”、父子关系的其他思想联系,提出“隐”的三种层次,使“亲亲相隐”能够在具体实践中得到更好的贯彻。
In recent years, the discussion in academia about the issue of “kissing relatives” mainly focused on the understanding and discrimination of “straight” and “hidden”, and many new understandings emerged. However, in order to better understand this issue, this essay, in addition to sorting out and discerning the understanding of “relatives and relatives” in previous academic circles, and proceeding from the specific social and historical circumstances, considered that the concealment of their children in order to avoid cruelty to their father And the unjust penalty, in order to clarify that there is no inherent conflict between the “kissing relatives” and the modern rule by law. In the meantime, combining with other ideological relations about “filial piety” and the relationship between father and son in the Analects of Confucius, Put forward “hidden” three levels, so that “relatives” can be better implemented in practice.