Research on the Bao Gu System in the Tang Dynasty

DOI: https://doi.org/10.62517/jel.202514105

Author(s)

Kangfu Zhu

Affiliation(s)

Law School, China Jiliang University, Hangzhou, China

Abstract

The Tang Dynasty's Bao Gu system, as codified in the Tang Code with Commentaries, established a three-tiered core framework: (1) coverage scope encompassing both direct injuries and secondary damages, (2) flexible timelines categorized by injury methods and severity, and (3) dynamically adjusted conviction mechanisms based on treatment outcomes. Rooted in Confucian legal traditions, the system balanced punitive severity through "virtuous governance and prudent punishment," promoted conflict resolution via "harmony as supreme value," and pioneered China's first victim-centered relief framework. By mandating advance medical payments and linking sentencing to injury recovery, it repaired social relations while ensuring continuous perpetrator care during observation periods - preventing litigation delays from worsening injuries and creating space for moral reflection. These historical practices offer modern criminal justice multiple insights: its pre-treatment mechanism informs solutions for enforcing civil compensation, its dynamic appraisal model advances injury assessment methodologies, and its behavior-sentencing correlation rules infuse substantive meaning into criminal reconciliation. By transforming legal procedures into fertile ground for moral consciousness, this system provides enduring reference value for constructing justice systems that balance fairness with humanistic care.

Keywords

Bao Gu System; Tang Code with Commentaries; Virtuous Governance and Prudent Punishment; Criminal Justice

References

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