The Implications of Ancient Chinese Criminal Laws and Its Contemporary Inheritance:The Value Connotation of Family Thought
Familial thought originates from the historical practice of ancient familial systems,which has the basic connotations of family-oriented,family-first and family ethics,and is an important aspect of Chi-na's local legal resources.These thoughts are reflected in various aspects of ancient criminal laws con-cerning crimes and punishments,making it possible for people to either"suffer because of family"or"exempt because of family".Offenses include crimes against marriage and family,such as disobedience,discord,infidelity,as well as crimes between relatives like injury and theft.Punishments range from col-lective sentencing to mitigations based on familial ties,concealment of kin,special privileges and par-dons.Although familial thought has ancient origins,it still retains the objective reality,historical conti-nuity,and social governance basis for continued inheritance.It constitutes a vital support for criminal law systems in consolidating social consensus,gaining social trust,addressing individual needs,attend-ing to individual lives,resolving conflicts,and responding to moral and human nature.The contemporary inheritance of familial thoughts should take the refinement of its essence as the starting point,be guided by the regulatory function of criminal law,and be limited by ensuring the leading role of law.In terms of specific paths,the restrictive return of concealment among relatives and kinship-based punishment is conducive to stabilizing social relations and maintaining family life,which should be integrated into the modern criminal law system.
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