| As a unique dispute resolution mechanism in the ancient Chinese judicial system,the system of protecting the innocent refers to that in the case of injury,the government establishes the corresponding limit for the actor after the examination of the injury and combined with the legal provisions.Within the limit,the actor provides the victim with post-mortem assistance and decides the penalty according to the injury of the victim when the time limit expires.Gongyangzhuan · Xianggong Qinian is the earliest record about the content of Bao Gu in the existing historical materials After the change of the Warring States system,it was further developed in the unified Qin Dynasty,and the regulation of Gu limit has been reflected.The Han Dynasty inherited the Qin system,and the interpretation of Bao Gu system in Hanshu was more clear,but there were few kinds,short time limit,and single application,In the Tang Dynasty,this system was gradually mature,complete and reached its peak.In the Tang Dynasty,the special law of Bao Gu,the law of duel litigation,appeared.The article of "Bao Gu" in "Tang Lv Shuyi" is the most detailed provision of the system of Bao Gu in Tang Dynasty,which includes three aspects: the scope of application,the setting of Gu limit by sections,and the conviction and sentencing according to causality.Song Chengtang law,follow the Bao Gu law,yuan,Ming and qing three generations,on the basis of the tang and song dynasty,on the basis of constant innovation,perfect,the development of this system,until the end of the qing dynasty Xiu Lv,confirmed the koo were abolished.Tang Dynasty was the heyday of ancient Chinese society.It was the first time that the system of protecting Gu was clearly and thoroughly stipulated in the form of law.It developed the special law of protecting Gu and the reference law of protecting Gu,and formed a large number of case practice on this basis.Starting from the perspective of substantive law,this paper summarizes the "Baogu" clause and the items related to the application of Baogu in Tanglushuyi,analyzes the special law provisions of the "dousuilv" in Tanglushuyi and the provisions of other laws and regulations on Baogu system,and explores the system of special law and reference law of Baogu system in Tanglushuyi,and then combines with relevant cases from the perspective of procedural law This paper discusses the application of the law of protecting the innocent in the actual judgment and the proposed judgment.Finally,in connection with the practice of modern criminal justice,this paper explores the criminal justice value contained in the system of Bao Gu in Tang Dynasty,analyzes the practical significance of the system,and puts forward some suggestions on the improvement of China’s criminal justice concept and bail pending trial. |
