The Research On The System Of "Baogu" In The Law Of Tang Dynasty

This paper mainly select "Baogu" in the Tang Dynasty as the object of study,the emphasis is on the provisions of Baogu system in the law of Tang Dynasty. The main contents of Baogu system are as follows:1.The acceptable scope of Baogu system in the law of Tang Dynasty.In the provisions of the law,as long as no injury and no injury assault, the security should to be innocent, that is the so-called "not which must be beaten".Where no matter for assault or non assault(such as stiff servant, threats) caused, also should be the assurance.Maybe it is the so-called of term.In simple terms,all the assault, injury, murder crime, intentional or negligent crime committed no crime committed, or a combination of the results will be applied Baogu system.So as the Tang Lv Shu Yi once said : "The assault, affray, intentional or assault, murder, the crime victim protection and, due to this".2.The standards of the duration of the Baogu system in the law of Tang Dynasty.On the one hand, the limitation should be set according to the equipment of damage, that is it should be limited 10 days when it caused by hands,with other people while the innocent is limited to 20 days, with the blade and boiling hot water or fire fight while the innocent is limited to 30 days.On the other hand, the limitation should be set according to the damage degree, that is with the broken limbs and osteoclast while the innocent is limited to 50 days.3.The charges after the application of the system of Baogu in the law of Tang Dynasty.As long as the dead in the period of the limit of Baogu,as the punishment of homicides.And the dead not in the period of the limit of Baogu,or the dead in the period of the limit of Baogu death, but bacause of the other reasons,the method according to the defined.While,because of the legislative technique and style of very concise in the law of Tang Dynasty,the connotation and application of Baogu system is not so simple.In that case,it requires a combination of the various provisions were analyzed and compared, in order to completely display of the Baogu content in the law of Tang Dynasty.Based on the provisions of the law of Tang Dynasty,the author combined the Baogu system,specific examples of the law with the analogous provisions in this paper.A comprehensive discussion of the Tang Dynasty Baogu system applicable scope, time limit, The charges after the application of Baogu system.And then,the author discussed the situation of judicial practice with the cases and figured out some small problems,which contribute to the applicable judicial practice of the system of Baogu in the Tang Dynastys.In the end, the author discussed the development of the system of Baogu after the Tang Dynasty, make the diachronic analysis and evaluation on the Baogu system, pointed out the improving of Baogu system after the Tang Dynasty on the legislative and judicial status.