现代法治条件下“亲亲相隐”制度及其转化  

Under the Modern Rule of Law, the System of “Relatives and Relatives Hiding Each Other” and Its Transformation

作　　者：陶园媛 

机构地区：[1]贵州大学法学院,贵州 贵阳

出　　处：《法学（汉斯）》2023年第6期4708-4712,共5页Open Journal of Legal Science

摘　　要：“亲亲相隐”不仅对我国古代亲属尊卑关系产生重要影响,还在司法活动中发挥了重要的指引作用。十八大以来,法律和道德、法治与德治的辩证关系被多次提及,依法治国与以德治国相结合对建设法治国家的作用不言而喻,这使得“亲亲相隐”的回归成为大势所趋。本文通过对“亲亲相隐”的历史梳理,试图构建其在现代法治中的合理性,最终达到良法善治、法治与德治相结合的目标。“Relatives and relatives hiding each other” not only had an important impact on the relationship between respect and inferiority of relatives in ancient China, but also played an important guiding role in judicial activities. Since the 18th Party Congress, the dialectical relationship between law and morality, rule of law and rule of ethics has been mentioned many times, and the role of combining governing the country according to law and governing the country with ethics in building a country ruled by law is self-evident, which has made the return of “relatives and relatives hiding each other” a general trend. Through the historical combing of “relatives and relatives hiding each other”, this paper attempts to construct its rationality in the modern rule of law, and ultimately achieves the goal of combining good law and good governance, rule of law and rule of ethics.

关 键 词：亲亲相隐 法治 德治 

分 类 号：D92[政治法律—法学]