“亲亲相隐”制度是中国古代的一项基本法律制度,在历史上发挥过一定的积极作用,但是在现代社会却销声匿迹。我国现行刑法窝藏、包庇罪的主体范围并没有将亲属排除在外,而规定为一般主体。民众面对亲情与法律,很难做出选择。所以,在刑事立法中应当适当缩小其主体范围,使“亲亲相隐”制度成为刑法更具人性化的有力推手。 The system of “kissing relatives” is a basic legal system in ancient China, which played a certain positive role in history but disappeared in modern society. The scope of the main body of the criminal law harboring and harboring crime in our country does not exclude the relatives, and the provisions are general subjects. People face family and the law, it is difficult to make a choice. Therefore, in the criminal legislation, the scope of its subject should be narrowed down so that the system of “kissing relatives” becomes a powerful promoter of the more humanized criminal law.