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亲亲相隐制度在中华法系的发展过程之中占据重要地位,是礼法结合的传统法治理念之下的一项重要制度。亲亲相隐的重要核心就在于亲属之间没有作证的义务。但是现行刑法规范不但没有规定亲亲相隐,反而规定了亲属之间的作证义务,破坏了伦理,不利于社会稳定。本文试从亲亲相隐的积极价值、现行刑事立法的缺陷处罚分析,提出在现行刑事立法中增设亲属的消极豁免权。
The system of deference of relatives occupies an important position in the development of Chinese legal system and is an important system under the traditional concept of the rule of law combined with etiquette. The key to kissing is that there is no obligation to testify between relatives. However, not only does the existing norms of criminal law fail to stipulate the relationship between relatives and relatives, it has instead stipulated the obligation of testifying between relatives, destroying the ethics and not conducive to social stability. This article tries to analyze the defects of the existing criminal legislation from the positive value of the relatives’ intimacy and proposes the addition of the negative immunity of relatives in the current criminal legislation.