The Rationality Analysis Of Bao Gu System And Its Enlightenment

The baogu system has experienced a history of thousands years development, as an important criminal law system in ancient China.According to Professor Cai shu-heng,this institution originated in Xi-zhou Dynasty, and this institution has been used until the Qing Dynasty. The baogu system has been designed to protect the interest of the victim and prosecute the liability of the suspect.The purpose of this institution is to certain injury results by setting a certain time, and based on the final injury results to determine the liability of the suspect. The exist of this institution due to the lag of medicine science and juristic appraisal.The baogu system has it’s own Shortcomings, such as the Lack of facilities, and contains too many causal factors and so on.But this system as an important legal system in ancient China,which has experienced a history of thousands years development, still has it’s reasonable contents. It’s mainly reasonable contents are promoting the litigants reconciliation,saving the judicial resources.I recommend, as the author of this article: we can start from the legislative and judicial philosophy ideas both on the macro level, to reference the baogu system. Strengthen the protection of human rights values on the legislative level, and enhance awareness of the rights of the people. More attention to the protection of human rights in the criminal legislation, the legislation in the Criminal Procedure Code to further improve the rights of the parties in litigation. In terms of the introduction of the concept of judicial concept of restorative justice and the integration of rational elements in ancient China baogu System, will promptly and actively against the perpetrator of the incident after the remedial action is set to a plot of its discretion to reduce the sentence.In particular regime, I think we can draw a reasonable component of baogu System to improve the criminal settlement system of the present. Specifically, that occur within a certain range for the past "social acquaintance" in the case of minor injuries, such as relatives and neighbors, old friends, the first time being on the victimization of people without charge, but the actors to their communities or unit in the unit, the two sides reached a settlement community involvement by the community or organization urged the perpetrator of the incident in a timely manner and actively compensate the victim rescue, care for the treatment of victims, whileunits or community for a period of time to transform human behavior. Finally, considering the settlement agreement, the perpetrator of the Victim Compensation rescue situations,transforming performance by the judiciary against the perpetrator formal decision not to criminal penalties.This paper points three parts.The first part is the introduction. This part of the paper mainly including the the purpose of the study, the research summary, the research value and significance, the research methods,the research and innovation.The second part is the text.The text is divided into three chapters.The text first chapter is the direction of the baogu system’s definition and the development process of the baogu system, the focal part is the the development process of the baogu system. The development process of the baogu system is divided into the origin period,the fixed period, the continuance period, the ending period.The text second chapter is the rational analysis of the the baogu system, to illustrate the baogu system’s reasonable terms and it’s unreasonable terms, and laying the foundation of the later chapter which main idea is the contemporary enlighten of the baogu system.The text third chapter is the contemporary enlighten of the baogu system’s reasonable terms. By the analysis of the previous chapters, discard the baogu system’s unreasonable terms, and take advantage of it’s reasonable terms, while contribute to the development of modern law society. From a macro level, the baogu system’s reasonable terms could promote the better importance of the human rights protection, the introduction of recovery judicature theory. From the micro level, the baogu system’s reasonable terms could improve the criminal reconciliation system.The last part of the article is epilogue, of the full text content summarized.The emphasis of this paper is the text second and third chapters, because the baogu system has experienced a history of thousands years development, so the direction of the baogu system’s history is lengthy.