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亲亲相隐是我国古代一项重要的刑法原则,为多国所继承和发展,我国新《刑事诉讼法》第188条所规定的近亲属出庭豁免制度曾被看作我国的亲亲相隐制度,可在对其语义进行分析后笔者认为其与亲亲相隐制度大相径庭,有着一定的矛盾。基于此,笔者拟对第188条进行分析,指出建立我国亲亲相隐制度的必要性,并结合我国现状,提出构建我国亲亲相隐制度的具体建议。
Mutual respect of relatives is an important principle of criminal law in ancient China. For the succession and development of many countries, the system of family appearance immunity provided by Article 188 of the new Code of Criminal Procedure has been regarded as the system of relative decency in our country , After analyzing its semantics, I think there is a very different contradiction between the system and the system of relatives’ deference. Based on this, the author intends to analyze Article 188 and point out the necessity of establishing the system of deference of relatives in our country. In the light of the current situation in our country, we put forward the concrete proposal of constructing the system of deference of relatives in China.