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Title:: Is it a Legal Obligation to Report a Crime? A Jurisprudential Reflection Based on Article 108 of theCriminal Procedure Law

Abstract:: It is inappropriate for the current criminal procedure law to stipulate reporting a crime to the authorities as an obligation. In terms of its social function, reporting a crime to the authorities can help maintain the operation of legal system and build people’s confidence in the system. However, it is conducted at the inevitable cost of damaging interpersonal trust. When reporting a crime to the authorities becomes a legal obligation, informing on fellow citizens will be greatly encouraged and the informant will shift his moral burden onto the law, which may result in “the paradox of informant”. In essence, the obligation to report a crime to the authorities is also a type of morality resulting from the legal order. This absolute support of legal system undermines the moral order naturally originating in the society and ignores the fundamental needs embedded in humanity. Only by regarding the informing act as a right can we better cultivate our sense of humanity and individual morality as well.