The Research Of Baogu System In Tang Dynasty

Bao Gu system is unique in ancient Chinese society.In the case of personal injury such as fighting,it combines the accountability of the aggravated party with the protection of the interests of the injured party.It is a unique criminal legal system.Through the study of the protection system in the Tang Dynasty,this paper explores its implications and provides assistance for the problems encountered in China's current criminal justice.According to the existing historical records,Bao Gu has appeared in the Qin and Han Dynasties.After the improvement of the dynasties of the dynasties,it finally had more mature and complete regulations in the Tang Dynasty.In the following dynasties,there were still provisions on the Bao Gu system in their laws,and they were changed in accordance with the background of the times.At the end of the Qing Dynasty,they were removed from the "Great Qing Law".This article mainly discusses the contents of the Bao Gu system of the Tang Dynasty from three aspects: the scope of application,the period of guarantee and the provisions of the crime.Through the analysis of the three cases of "Tang Yuan and ten years of Mo Cheng wounded case","Tang Yuan and fifteen years of Qu Yuanheng private use penalty case",and "Tang Xiantong five years Lu Fang cane to kill the people" case,To explore the effect of the Tang Dynasty's Bao Gu system and its impact on future generations and neighboring countries.The Bao Gu system of the Tang Dynasty has formed an inherent mode of its own,and in the subsequent dynasties,although most of the changes in some content,the general provisions are still inherited during the Tang Dynasty.After analyzing the relevant content,application effect and influence of the Tang Dynasty's Bao Gu system,it also evaluated the value and defects of the Tang Dynasty's Bao Gu system.Although the Tang Dynasty is far away from us,it contains the people-oriented ideas and repairs.A series of related functions such as the damaged social relations have great reference value to China in many aspects such as injury identification,criminal reconciliation and victim assistance in modern criminal law.This paper intends to study the relevant contents of the Bao Gu system in the Tang Dynasty,so that the institutional value of many aspects can be fully reflected.At the same time,the defects of the subjective and objective are not unified,the judicial corruption is unfair and the principle of equality is violated.China's current problems in criminal justice provide assistance and inspiration,especially in criminal reconciliation.For this system,we must not only fully understand the defects it has,but also absorb its advantages,combine its essential parts with modern rule of law thinking,and provide reference for modern law.This is also the article to discuss the system of the Tang Dynasty.The original intention of the system also enables us to make fuller use of the cherished legal wealth that the sages have left for us.