Legal Value Research On The System Of False Accusation Deserved Equal Counter-punishment

From its establishment to its abolishment, there has been a history of more than 2,000 years for the system of False Accusation Deserved Equal Counter-punishment(i.e., false charges will bring upon the accuser the same punishment which he intends to inflict upon the accused). This long-lived system is a native-born legal system in China. From the existing duration of this system, it is seen closely linked to a lot of supporting systems including the culture, politics, economy and other fields in China. In all ages, continuous change and improvement of such system has always aroused attention at national level in terms of either its rough sketch or specific contents. Rooted in different historical periods, different social strata and different fundamental conditions of China, for a very long historical period, such system is the only mandatory provision to solve crime about lodging a false accusation. Although this legal system born and bred in China has been abolished, however, from the objective perspective, the system of False Accusation Deserved Equal Counter-punishment ever achieved the effective result to take control over the crime about lodging a false accusation. Meanwhile, as far as such system itself is concerned, there is also a lot worthy of using for reference in current laws. In the article, starting with the concept, characteristics and principle of False Accusation Deserved Equal Counter-punishment, based on summarizing and generalizing the specific regulations on the false accusation and counter-punishment of false accusation(punishment for unfounded accusation against another) in different historical periods of China, it is pointed out that the system of False Accusation Deserved Equal Counter-punishment is a system of criminal penalty under feudal law which meets the requirement of public power at that time, and it is similar to the equal retaliation.False Accusation Deserved Equal Counter-punishment is a fundamental legal system. After its historical evolution is sorted out, it is found that there are both the same causes of formation and the different causes of formation for the system of False Accusation Deserved Equal Counter-punishment in different periods, which determines that it has different legal value. Through analysis, it is concluded that the system of False Accusation Deserved Equal Counter-punishment reflects the characteristics of legal value including fairness, punishment of viciousness, easiness and economy, governance of chaos.Through research and discussion made in terms of the value of the system of False Accusation Deserved Equal Counter-punishment in four aspects, with some hot issues actually existing at present stage in China as the entry point, demonstration is made in two aspects including the legal value of False Accusation Deserved Equal Counter-punishment and its practical significance in contemporary China respectively, and finally it is concluded that the system of False Accusation Deserved Equal Counter-punishment is a feudal law which meets the requirement of public power at that time, while it is prohibited in modern society. It is the violation of the spirit of modern criminal law, and especially the violation of the principle of compatibility of crime, responsibility and punishment.