“亲亲相隐”制度是儒家亲情伦理的重要内容,它顺应了人性的需求,维护了亲情的本原,一定程度上保障了中国封建社会道德的昌明和社会秩序的稳定。由于其自身弊端,现行法律中将“亲亲相隐”完全剥除,以法律的威严强迫亲人间相互检举、指认,这一做法虽对社会公正、和谐有一定益处,但势必会将人置于“大义灭亲”之境地。现行法律应当给予血缘亲情一定宽松的空间,不仅有利于维护社会的稳定和谐,而且可以软化国家法律的残酷性。只有这样的道德和法律体系,才是真正属于人的、健康的道德和法律。 The system of kissing relatives is an important part of the Confucian family relations. It conforms to the needs of human nature and maintains the original nature of the family. To some extent, it guarantees the prosperity of the Chinese feudal society and the stability of social order. Due to its own defects, the current law completely strips away “relatives” and compels relatives to report and identify each other with the dignity of the law. Although this approach has some benefits for social justice and harmony, it is bound to People placed in “righteous off pro” situation. The current law should give certain kinship to kinship relatives, which not only helps to maintain social stability and harmony but also softens the cruelty of state laws. Only such a moral and legal system is truly human, healthy morality and law.