Exploration Of The Pardon System In Han Dynasty

The pardon system, an institution of penalty abolition, stands in contrast to the harsh laws and decrees. By means of abolishing the severe and cruel punishment, it reflects that the operation of any states and things should alternate tension with relaxation. The pardon system--- the embodiment of the benevolent ruling---serves to alleviate the severity of the laws and remedy the defect of laws. Its proper application can promote the mitigation of the social contradiction and maintain the social stability. Therefore, the pardon system plays a role that cannot be underestimated in the evolutionary history of the Chinese legal system and the development of the society.The pardon system which has developed to what it is now was not established at one stroke but experienced historical tests. Han dynasty is the formative period of the feudal monarchy and the establishment period of Chinese pardon system. In light of this, the operation of the pardon system in Han dynasty is of great significance for consolidating the government of feudal monarchy and perfecting the Chinese legal institution. On the other hand, the development of the economy, the change of the mainstream ideology and the adjustment of the ruling policy in Han dynasty jointly promote the establishment of the pardon system.Issuing for enhancement of the pardon decrees in Han dynasty is characterized by various items, high frequency and varying degrees, which lays a foundation for the pardon system in the later ages. The unprecedentedly grand state of issuing for enhancement of the pardon decrees displays the supremacy of the feudal imperial power and the essence of the pardon system. At the same time, since the emperor has the absolute control over issuing the pardon, the decrees for pardon are not always the results of the scientific and democratic decisions, and correspondently the inevitably exist some drawbacks in the pardon system of Han dynasty. As every coin has two sides, the pardon system has both advantages and disadvantages. Only if we have a clear understanding about its functions and drawbacks can we draw on its advantages and avoid the disadvantages, and then make full use of the pardon system.