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清末民国时期刑法典建设中对于亲属伦理关系的传承与变革主要表现在亲属容隐从宽处理、亲属相奸从严治罪、亲属相害区别对待、亲属侵财宽免处罚等方面。这种传承与变革首先是由巨大的传统惯性和特定的历史境遇造成的,亲属伦理关系的固有特质也预示了这种传承与变革的某种必然性。另外,这种亲属伦理关系在近代刑法中的传承与变革也为当代刑法的完善提供了历史镜鉴。
The inheritance and transformation of the ethical relations of relatives in the construction of criminal code during the late Qing and the Republican China periods are mainly manifested in aspects of lenient treatment of relatives, strict punishments of relatives and relatives, discrimination against relatives and relatives, punishment of relatives for financial avoidance and punishment. This inheritance and transformation was caused by huge traditional inertia and particular historical circumstances in the first place. The intrinsic qualities of the ethical relations of relatives also foreshadowed certain inevitability of such inheritance and transformation. In addition, the inheritance and transformation of this kind of relatives’ ethical relations in modern criminal law also provide a mirror for the improvement of contemporary criminal law.