Reconstruction Of Chinese Amnesty System

Amnesty system has great value and significance,but our country has not given much attention and concern to it. The main purpose of this paper is to be able to raise more attention and consideration on the construction of Chinese amnesty system. Titled by "Reconstruction of Chinese Amnesty System",this paper pointed some specific recommendations for the reconstruction of our amnesty system from the type, body, scope and the procedure of it on the basis of foreign experience. Details are as follows:This paper, in addition to the preamble and the conclusion part, is divided into four sections.The first section outlined amnesty system.It is about eight theories for the concept of amnesty system.The main differences of them are the body, content and object of the amnesty. I believe that amnesty system should be a system that the country changes the crime and punishment in accordance with legal procedures to eliminate the part of the penalty right. And then, the author introduced the types of amnesty system, mainly including general pardon, pardon, commuting as an act of mercy, relieving exertion of penalty and rehabilitation of right as an act of mercy.Section two described the evolution of Chinese amnesty system.This section mainly introduced the origins, development and the current situation of amnesty system in our country. The amnesty system in ancient had become quite comprehensive and specific in China, including the type, scope, application procedures and other rules of amnesty. But the provisions of amnesty are too simple and lack of maneuverability now.The third section was the reconstruction of our amnesty type. I feel amnesty system is necessary in our country. But the regulation of the type of it is too confusing and unclear from the legislation and judicial practice. So the type of amnesty needs reconstruction.We should abolish general pardon and perfect pardon. We can make the special parole into the scope of pardon and increase the content about the rehabilitation of right as an act of amnesty in pardon system.The fourth section was about the detailed assumption of improvement of our pardon system from the body, cope and procedure of pardon. Pardon can be divided into individual and collective pardon. National People's Congress decides collective pardon and the standing committee of NPC decides individual pardon. From the scope of pardon, the types of crime should include war crimes, economic crimes and some minor criminal cases. The types of punishment for pardon include free, property and qualifications, but also the death penalty. Pardon should start with the application or functional authority. We can increase the special agency to deal with specific issues about pardon. At last pardon is determined by NPC and the standing committee of it. It should be carried out by the judiciary reunification.