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.
CHEN Peng-wei
. Contradiction and Unity: Consideration of Ethical Factors in Criminal Law from the
Perspective of "Relative Concealment" and "Relative Infringement"[J]. Journal of Chaohu University, 2022
, 24(1)
: 42
-49
.
DOI: 10.12152/j.issn.1672-2868.2022.01.007