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2 Literature review
The essence of“Adjudicating cases in light of the Spring and Autumn Annals” is to take the Confucian theories as law clauses (Zhang Zeyi, 2010: 81). “Relative Concealment” is defined as following: people who are relatives can conceal and hide each other, refuse to stand witness and help to run away without responsibility to proof and not being punished or just mitigated punishment (Shen Bo, 2009: 132).
2.1 Concealment of offenses by close relatives
The "Relative Concealment" refers to the crimes committed by relatives should not be denounced and given evidence by kinsfolk, or people were not be punished when they kept silent or told a lie for protecting their kinfolk who committed crime. "Relative Concealment" is a criminal principle of China's feudal law, influenced by the Confucian idea of "the father conceals the misconduct of the son, and the son conceals the misconduct of the father. Uprightness is to be found in this”, aiming to preserve the patriarchal and masculine authority in feudal family relations, and to ensure the stability of the social order.
"Relative Concealment" was formally established during the Han Dynasty. According to “Annals of Xuan” of the Book of Former Han, in 70 BC Emperor Xuan of Han formally issued an imperial decree of "Relative Concealment"(Li Xiaojun, 2009: 57). 诏日：“父子之亲，夫妇之道，天性也，虽有祸患，犹蒙死而存之，诚爱结于心，仁厚之至也，岂能违之哉!自今子首匿父母，孙匿大父母，皆勿坐。其父母匿子，夫匿妻，大父母匿孙，罪殊死，皆上请廷尉以闻”（Ban Gu, 2007: 8）. The decree extended the range of concealment to the degree between parents and children, husband and wife and the grandparents and grandchildren. Since this imperial edicts issued, "Relative Concealment" was clearly defined, formally enshrined in law and officially laid the legal basis of protection between relatives in ancient China (Li Xiaojun, 2009: 57). This imperial edicts issued by Emperor Xuan of Han for the first time demonstrated that reasonability of "Relative Concealment" is based on human nature.来~自^751论+文.网www.751com.cn/
During the period of the Tang Dynasty, the largest contribution to the development of the principle of legal protection between collateral relatives is that is more specific than "Relative Concealment". And it formed a complete system in the Tang Code, which described the general rules: “诸同居，若大功以上亲及外祖父母外孙，若孙之妇，夫之兄弟及兄弟妻，有罪相为隐……其小功以下相隐，减凡人三等”. This general rule indicates that people would avoid punishment if criminal concealment is permitted for direct or collateral relatives, or slaves for masters, only except for dangerous conspirator. Its tenet is to maintain the feudal ethics and feudal patriarchal authority under the premise without imperiling national stability (Zhang Jie, 2012: 24). The principle effectively solved the conflicts between the national interest and the family interests so to be adopted by ancient Chinese legislators. The "Relative Concealment" contributed to preserve the patriarchal and masculine authority in feudal family relations, and to ensure the stability of the social order.
2.2 Ancient Chinese legal culture
Legal culture is a total of attitude, belief and aspiration towards law life as well as knowledge, concept and value evaluation on which formed in a certain political and legal system of a nation or area.
“Rituals” in traditional Chinese culture is a connotation with the extreme widespread interpretations and complex domain. As Xunzi said: “礼者,法之大分，类之纲纪”（Ma Xiaohong, 2004: 83）. That means the Ritual is the precondition of legal system and the sum of all kinds of regulations. You could also say, morality is the foundation of judicature and guiding principle of law. Law which did not accord with rituals is not authentic law. In other words, law must reflect certain moral spirit, something known as “Li”.