Journal of Chaohu University ›› 2022, Vol. 24 ›› Issue (1): 42-49.doi: 10.12152/j.issn.1672-2868.2022.01.007

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Contradiction and Unity: Consideration of Ethical Factors in Criminal Law from the Perspective of "Relative Concealment" and "Relative Infringement"

CHEN Peng-wei:School of Law, Beijing Institute of Technology   

  1. School of Law, Beijing Institute of Technology, Beijing 100081
  • Received:2021-07-13 Online:2022-01-25 Published:2022-04-26

Abstract: With the development of the times, ethical relations show new characteristics. It is of great significance to explore the ethical relations between relatives by taking the two typical behaviors of "relative concealment" and "relative infringement" as the starting point. Ethics plays an important role in ancient criminal law. Modern criminal law shows the tendency of non-ethicizing, but it still inevitably keeps some ethical factors. Criminal law and ethics should neither oppose nor completely unify, but coexist organically. Based on the stability and purpose requirements, especially in the context of socialist rule of law with Chinese characteristics in the new era, ethical factors should be considered in criminal law. We need to dialectically deal with the ethical relations behind "relative concealment" and "relative infringement", make a reasonable choice between acceptance and criticism, and achieve the balance of coldness, seriousness, and tenderness of criminal law, thus achieving the unity of the literal meaning and social effect of criminal law terms.

Key words: ethical factors, relative concealment, relative infringement, socialist rule of law

CLC Number: 

  • D924.13