The Research Of Baogu System In Tang Dynasty

Bao Gu system is distinctive in traditional Chinese legal culture in a system of criminal law.It will be after the occurrence of injury on the injury of the cover and the assumption of criminal responsibility.In personal injury cases,if the victim without died on the spot,the government is on the basis of the victim with Bao Gu request to set the Bao Gu,by him to treat the injuries of the victim,if the victim of death between the Bao Gu within a time limit,in accordance with the law of the offender to homicide,if the victim in the Bao Gu deadline because no death or other illness and death,in accordance with the law on the crime of the offender to hurt.This paper aims to protect the Bao Gu system in tang dynasty's research,on the one hand,to present the victim relief concept,the austerity of criminal law and judicial efficiency,the harmonious idea value four aspects of the system,on the other hand,the subjective and objective are not unified,the injury identification,supporting measures,summarizes several aspects of defects such as procedural justice,to enterprise can the reference for the construction of criminal reconciliation system of our country.This paper firstly combed the traditional system of China to protect the Bao Gu's origin and rheological,and sums up the ideological and theoretical origin of its system and legislative basis.Secondly,according to the law of the tang dynasty recorded,present confirmed Bao Gu system concrete detailed rules and standards,as well as the related punishment regulations.Combining with three judicial cases,studying confirmed Bao Gu system effect of judicial practice in tang dynasty,and pointing out related problems in the case,which explicitly protect Bao Gu system applicable in the tang dynasty the judicial process.Finally,the author make a comprehensive evaluation system of the tang dynasty for the Bao Gu,not only points out the system of tang dynasty to protect the Bao Gu's advanced nature,history,but also analyzes the defects of the system,and then analyzes the tang Bao Gu system for the reference value of modern criminal reconciliation system.