| As a special system for dealing with injury cases in ancient China,the system of Baogu refers to:After most injury cases occur,within a certain period of protection,the injurer is responsible for the cure of the victim’s injury,and finally the legal system for the conviction and sentencing of the victim is determined by the victim’s injury result.The law and the society are inextricably linked.The system of Baogu is constantly being improved and improved with the continuous development of the society.The Qing government has perfected the system of Baogu for many times in terms of laws and regulations.Currently available in the three years of Yongzheng(1725),five years of Qianlong(1740),six years(1741),twenty-six years(1761),thirty-two years(1766),four Twelve years(1776),forty-eight years(1781),fifty-three years(1786),and Jiaqing fourteen years(1784),many times the provisions of the insurance system were revised,and the official government can be seen.The degree of emphasis on the system of Baogu.This paper analyzes the repair process of the Qing Dynasty’s system of Baogu in detail,and explores how the system of Baogu is continuously improved in the Qing Dynasty,and analyzes the current social status and reasons for repair through the continuous improvement of content.The content of the system will be reflected in the actual judicial practice.According to the judicial case of the Qing Dynasty,the application of the system of Baogu in judicial practice is explored.At the same time,the contents and the judicial case of the system of Baogu also show that the system of Baogu has the functions of safeguarding the rights and interests of victims,maintaining social harmony,and at the same time,it has uncertainties such as uncertainty and neglect of subjectivity.This article is divided into three parts.The first part is to describe the provisions of the system of Baogu before the Qing Dynasty,understand the origin and development process of it.The second part is to sort out the contents of the repair of the Qing Dynasty’s system of Baogu in detail,and discuss the social status quo and the reasons behind the repair.The third part is to discuss the application of the Qing Dynasty’s system of Baogu in judicial practice according to the judicial case,discuss its judicial role through the content of the system of Baogu and judicial cases,and reflect on the system of Baogu.Through the investigation and study of the Qing Dynasty’s system of Baogu,we can clearly see the development of the system of Baogu in the Qing Dynasty,and draw the reasons for itsabolition in the late Qing Dynasty.It has certain reference significance for the modern criminal law system. |
