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亲情是人之天性,是血浓于水的情感体现,“亲亲相隐”法律制度在我国古代刑律中确立,既是对亲情之尊重,也是法律对道德的合理回应,是法不容情与法必容情的深刻诠释。然而我国现行刑法却漠视亲情,淡化人性,使其相关刑法规定俨然成为撕裂人性的霸王条款,致使证人不是拒绝出庭、就是有意作伪证,抵制法律权威。可见,现行刑法有必要重新审视“亲亲相隐”的合理性,探讨是否应该引入“亲亲相隐”制度,找回刑法失落的亲情。
The affection is the nature of human beings and the feeling of blood is thicker than that of water. The establishment of the legal system in ancient China’s criminal code not only respects the affection, but also is a reasonable response to morality by law. And the law will be a profound interpretation. However, the current criminal law in our country ignores the affection and desalinates the human nature, making its relevant provisions of the criminal law appear to be the overlord of tearing humanity. As a result, witnesses either refuse to appear in court or deliberately make perjury to resist legal authority. It can be seen that it is necessary to re-examine the rationality of “relatives and relatives” in current criminal law and explore whether the “relatives and relatives” system should be introduced to retrieve the lost family relationships in criminal law.