Abstract: The principle of avoid mention to family in law is a value choice principle to solve the conflict of affection and law, which according as the principle of choose the lighter harm in the two harms, and based on our traditional society. The principle fit to the society fact in the past, bring important effect to our tradition ethics and laws, and have definite significance in legislation today.

Key words: the principle of avoid mention to family in law, affection, law

摘要： 亲隐原则是为解决情与法的冲突,依据两害相权取其轻的方法原则所确立的价值取舍原则,其现实基础是以血缘根基和家庭伦理本位为基本特点的中国传统社会。它适合中国过去的社会实际,对我国的传统伦理和古代法律都产生了重要影响,在今天也具有一定的立法意义。

关键词: 亲隐原则, 情, 法