Abstract

"Kin concealment" is a model of Confucian thought to deal with the relationship between "benevolence" and "law", legal principle and emotional principle. In the modern perspective, "kin concealment" is controversial, mainly because of the conflict between legal principles and emotional principles. In the Confucian discourse system, there is no doubt that reason is more important than legal theory, but the solution to this conflict itself is not the problem that Confucianism attaches importance to, how to establish the human social order with "benevolence" as the core is the fundamental value connotation of the problem of "kin concealment". In today's increasingly rich material life, the space of human ethics and emotional life has been constantly impacted, which needs to highlight the respect for human relations and maintain the authority of the law. Whether the issue of "kin concealment" is the priority of human relations or the public order, under the collision of legal system and custom culture, there is a lot of room for interpretation.