对于亲亲相隐的出罪,首先应该尝试从解释论的角度去寻找路径,但是,罪刑法定出罪机能的缺失使得将超法规的亲亲相隐予以出罪存在障碍。应通过将期待可能性思想法定化的途径,在犯罪构成的框架内解决亲亲相隐的出罪问题。 As to the crime of kissing one’s relatives, one should try to find the path from the angle of interpretation theory. However, the lack of the function of the crime and punishment makes the existence of the obstacles to surrender the relatives who violate the laws and regulations. It is necessary to solve the problem of dereliction of criminals within the framework of the crime through the way of legalization of the expectation of possibility.