Research On Baogu Institution Of Tang Dynasty

Baogu Institution is a unique criminal justice system in ancient Chinese society.It is designed to protect the interest of the victim and prosecute the liability of theoffender homicide cases and injury cases. The basic content of Baogu Institution isthat: the victim in homicide or injury cases dose not die at the very time that thecases occurs. According to the offender’s request, the official will set up a deadlinefor the offender. Then, the offender will do a treatment for the victim. If the victimfrom this very injury in a legal duration, the offender will be convicted of murder,otherwise he will be found guilty of assault. This article aims to study BaoguInstitution of Tang Dynasty. I will probe value and some of the limitation inherent inthe Baogu Institution of Tang Dynasty, in order to have a reference to theconstruction of the Criminal Reconciliation System.Before analyzing the relevant content of Baogu Institution of Tang Dynasty, Idiscuss the historical development of Baogu Institution by method of historicalresearch. According to the existing literature, Baogu Institution originated in the Qinand Han period, after the evolution of Southern and Northern Dynasties, it wasformalized in the Commentary of Criminal Law of Tang Dynasty. It marks BaoguInstitution of Tang Dynasty has been increasingly at maturity. After the Song, Yuan,Ming and Qing dynasties, Baogu Institution was still in use, and it had been welldeveloped. In the end of Qing Dynasty, Baogu Institution was abolished.Next, I discuss the consents of Baogu Institution of Tang Dynasty from thedeadline, scope and legal effect of the three aspects. First, the author discussed theclassification and identification of the deadline of Baogu Institution in Tang Dynasty.In the Tang Dynasty, according to the nature and extent of the victim’s injuriesweapon used by the offender, the deadline of the victim protection will be dividedinto four categories as follows, hand or foot injury, limit ten days; otherness injury,limit twenty days; weaponry and soup burns, limit thirty days; fold down limbs andbroken bone, limit fifty days. Secondly, the author collated the relevant law in the Commentary of Criminal Law of Tang Dynasty, and present in tabular form. Then, Isummarize the characteristics of Baogu Institution in Tang Dynasty. Finally,according to the “Victim Protection” section and “beaten down physically blindpeople fold purpose” section in the Commentary of Criminal Law of Tang Dynasty, Imade a brief analysis in the legal effect of Baogu Institution of Tang Dynasty.“Acts itself is not enough”, if a legal system only exists on the paper, and cannot be applied to judicial practice, then it will lose the meaning of existence. In theanalysis of Baogu Institution of Tang Dynasty, I explored the procedural value ofBaogu Institution in Tang Dynasty. In this part, I analyzed three cases as follows,“Lu Fangyi killed convict by stick”,“Mo Cheng saved his brother by wounding” and“Kang Shifen hurt people on the road”.After the Tang Dynasty, Baogu Institution not only been used in later dynasties,but also affected the neighboring countries, such as the ancient Japanese Law andVietnamese Law. Firstly, I use comparative analysis to compare Baogu Institution ofTang Dynasty with Baogu Institution of Song Dynasty, Ming Dynasty and QingDynasty. Then, I cite document in ancient Japanese Law concerning BaoguInstitution, I find Baogu Institution in the ancient Japanese Law consistent with TangDynasty. I turn the ancient Vietnamese Li Taizu (Lee) once they develop a “code” onBaogu Institution records and Tang Dynasty. I draw a conclusion that BaoguInstitution in ancient Vietnamese Law is basically similar with Tang Dynasty, justhas slightly differences on deadline of victim protection.After analyzing the relevant consent of Baogu Institution of Tang Dynasty, Ievaluate Baogu Institution of Tang Dynasty. I summarized four values of BaoguInstitution of Tang Dynasty, such as rescuing victim, efficiency, restraining criminallaw and maintaining social harmony. Baogu Institution was abolished in the lateReform Amendment of Laws, because some of the inherent limitations of its own. Inthis article, I summarize that there are three limitations in Baogu Institution of TangDynasty. For example, it was difficult to ensure procedural justice, and it was likelyto breed judicial corruption. I briefly describe the reference value of BaoguInstitution of Tang Dynasty to the construction of Criminal Reconciliation System.Through research we can found that although Tang Dynasty was a thousand years from today’s time. But the humanistic feelings, repair function of social relationshipsof Baogu Institution of Tang Dynasty have a positive reference value for CriminalReconciliation System in China. For example, the perpetrators made a treatment forthe victims in the period of Baogu Institution. They might not be based on sincererepentance, but might be in mitigation of punishment. If the offender did not meanrepentance, they may cause harm to society again. What’s more, Baogu Institution ofTang Dynasty might cause “buy justice” malpractice, for which you can set up, issimilar to the “victim relief fund”. So the Criminal Reconciliation System can playits role in judicial practice. What’s more, in the running processes of BaoguInstitution of Tang Dynasty, it paid attention to the protection of victims’ interests,repairing damaged relationships and help offenders returning to society. Finally, itbuilt a balance between offenders, victims and society.