| The system of Baogu is an important stipulation in the ancient criminal law system of our country.It not only investigated the criminal’s illegal responsibility,but also gave the criminal a chance to redeem himself and safeguarded the interests of the victim.It plays an important role in resolving ancient social contradictions,resolving disputes and promoting social harmony.Although the system of Baogu was first codified in the Tang Dynasty,with the development of social productive forces,the system of Baogu has also been continuously developed and perfected.As the last feudal dynasty,the Qing Dynasty,from the 3rd year of Yongzheng to the 14 th year of Jiaqing,made more than a dozen amendments to the regulations of the system of Baogu,which is enough to show that the Qing government attached great importance to this system.Qing Dynasty is the most perfect period of tthe system of Baogu,By studying the system of Baogu in Qing Dynasty,we can fully understand the ancient system of Baogu,thus giving a fair and reasonable evaluation of the value of the system of Baogu.This article first uses the literature analysis method,through reading a large number of documents and materials,briefly combs the content of the system of Baogu before the Qing Dynasty,especially the main parts of the development and perfection of the system of Baogu in the Song Dynasty,Yuan Dynasty and Ming Dynasty,summarizes the norms of the system of Baogu in the Qing Dynasty in detail,analyzes the supplementary contents of the regulations of the Qing Government on the system of Baogu and other supplementary contents commonly used in practice,and fully understands the norms and connotations ofthe system of Baogu in the Qing Dynasty;Secondly,by means of comparative analysis,through comparing the contents of the system before Qing Dynasty,three characteristics of the system in Qing Dynasty are summed up: the causal relationship between casualties is more progressive than that of previous dynasties,the commutation system of the system of Baogu in Qing Dynasty is advanced,and the system of Baogu in Qing Dynasty is more systematic and operationa;Then using empirical analysis,through studying the practice cases of the system of Baogu in Qing Dynasty,this paper summarizes the problems reflected in the practice of the system of Baogu in Qing Dynasty,and to analyze and summarize the solutions to such problems by the Qing government,so as to understand the problems and situations in the practice of the safeguard system;Finally,through the analysis and research on the content and practice of the system of Baogu in Qing Dynasty,the value of the ancient system of Baogu is evaluated.The author thinks that although the system of Baogu was eventually eliminated by the times due to its unscientific judgment on the cause and effect of casualties,the limitation of legal norms and the failure to fundamentally solve the problems existing in the system of Baogu in practice,the system of Baogu embodies the functions of victim assistance and offender redemption,the advanced penalty method combining subjective and objective,the positive role of saving judicial resources and promoting social harmony,especially the concept of victim assistance and reconciliation,which is of referential significance to modern criminal law,and the idea of "cautious punishment" in the system of Baogu is interlinked with modern penalty concept. |
