Research On Pardon System

The Pardon system has a long history; the modern pardon system has changed to be a useful criminal policy which can protect the safety of nationality, relief the contradictions in society and perfect laws, but not a patronage by the emperor as antiquity. Being a administrative right, it is interfered by administration essentially. At the same time, pardon system endow the criminals the right of claiming pardon, it has reasonable to limit the death penalty and protect human right. Present China constitution has regulated pardon system in the 67th and the 80^th respectively, and the criminal law and procedure law have involved it too. In practice, the PRC has made 7 times special pardons for war criminals. From 1975 to now, it didn't happen again. Though China has made great progress in pardon system, it still has many problems by studying deeply in theory and practice. Such as single species, narrow scope, short of complete procedure. These problems show us that the pardon system in China still has a long way to go to international human rights protections. So, the author will construct the pardon procedure in 4 aspects: the starting, reviewing,determining,executing and supervising, and the author also suggests that China should enrich the species and restore the general pardon system. Let state council start general pardon, and the people's congress vote, after that, the chairman announce the result. Special pardon would be start both by administrative staff or party, establish special purser department to examine the application, then determined by state council, and announced by the chairman. The purser department would be responsible for the execution, and administrative staff and party supervise the procedure.