Characteristic Analysis And Modern Influence Of The Victim Protection System

The victim protection system is a criminal system in ancient China which has been designed to protect the interest of the victim and prosecute the liability of the suspect in homicide cases and injury cases, then conformity the social relations system. Specifically speaking, after the personal injury case occurs, the victim state is undecided, if the victim in legal deadline (namely victim protection deadline, abbreviated as Gu Xian)dies because of this injury the people who causes the injury will be punished by murder crime; If the victim doesn't die in law deadline or dies because of other reasons, and dies outside the legal deadline, the people who causes the injury will be punished by injury crime. This system has been being and developing for about 2000 years in ancient China. In Tang Dynasty, the victim protection system develops into its maturation, stereotypia, systematization. And it continues to develop in Song Dynasty, Yuan Dynasty, Ming Dynasty and Qing Dynasty, and has had a series of radical changes in legislating and judicial domain. The victim protection system has its profound thought source and regularity.This paper is divided into altogether four chapters to introduce the victim protection system comprehensively and systemly.In chapter 1, in order to make the reader understand the victim protection system initially, first explain clearly the victim protection system 's basic principles. Then mainly comply the victim protection system 's historical development vein, introduced in turn the victim protection system before Tang Dynasty , the victim protection system after Tang Dynasty.In chapter 2, introduce the victim protection system of Tang Dynasty from legal entity stipulation and concrete operations procedure aspects. Because the victim protection system develops most completely in Tang Dynasty, this part of contents takes the Tang Dynasty as example, introduces the victim protection system's actual content and operation sequence, from which Tang Dynasty is the representative.In chapter 3, obtaining from the merit and the shortcoming of the victim protection system, make a comprehensive rational analysis to the victim protection system which exists several thousand years in Chinese history. Its merit mainly displays in it reflects the Confucianist"not disputes"thought ; reflects the ruling class in ancient society's"the cautious punishment"dominant idea; manifests the ancient time's criminal law having an unceasing enhancement understanding to the criminal activity causal relation theory; Its shortcoming mainly because it only pays great attention to the behavior result, but neglects criminals'subjective manner; contains too many cidental factors; lacks the related necessary systems.The fourth chapter focuses on the union of the victim protection system with the modern society. Mainly from the victim protection system's modest and restrained value, humanity value, right recovery value to launch.Although there are big conflicts between the ancient victim protection system and near, modern penology in many theories, and that causes the near, modern criminal law abandoned it thoroughly. But the victim protection system is an important system in our country's criminal law history, the influential role it once got up and the evolution significance it has are not allowed to be neglected. Generally speaking, the victim protection system is a legal regime in our ancient criminal law history which has positive sense. As an outstanding cultural heritage, we should carry forward its reasonable ingredient.