“Placing Righteousness above Family Loyalty” or “Kin Concealment System”: The research on relationships between ethical order and public order
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D90-052;C913

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    Abstract:

    Behind the contradiction between "Placing Righteousness above Family Loyalty" and "Kin Concealment System",there is a relationship between ethical order and public order which has both conformity and conflict. Firstly,this paper finds through theoretical research that the legislations on both "Placing Righteousness above Family Loyalty" and "Kin Concealment System" are rational. Secondly,it finds through empirical research that citizen's behaviors about sued relatives present both "Placing Righteousness above Family Loyalty" and "Kin Concealment System",influenced by trust to family members,legal quality and identification to ideology. Finally,based on theoretical and empirical research,and drawing lessons from related legislation,the author suggests that when these two kinds of order are in conflict,ethical order should be protected generally because this is the most fundamental value of human beings which law should not ignore; in special circumstances,for example,involving major crimes,we should lay stress on the priority of public order.

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李俊.“亲亲相隐”或“大义灭亲”:人伦秩序与公共秩序的关系研究[J].重庆大学学报社会科学版,2020,26(1):211~221

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  • Received:
  • Revised:February 16,2019
  • Adopted:
  • Online: December 30,2019
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