A Study On The Reconstruction Of China 's Pardon System

Pardon system has a long development history, the ancient and modern, Chinese and foreign legal system are more or less mentioned pardon system.Feudal dynasty in China is pay attention to use the system in order to reveal the imperial nordex, reassurance, and even to correct wrongs, maintain social stability, but sometimes pardon system will also be in power abuse, even against crimes equilibrium principle, opposing the system’s voice has been heard.In China after the founding of new China, although still retained the pardon system, but only the amnesty a constitution.And all is the prerogative to exercise caution.After the founding of the people by the year 2015 in only eight times, seven of them 1975 years ago.Law of amnesty system in China only in the constitution, the criminal law and criminal procedure law has a small amount of provisions.But throughout the rest of the world’s nations, is basic to forgive rules more detail, also attaches great importance to.Is mainly because with the development of the society, the idea of rule of law and human rights, amnesty amnesty gradually evolved into rulers from imperial power to regulate conflicts of interest, equity, social relationship and make up for the lack of legal effective criminal policy.The main purpose of writing this article is to study the reconstruction of the pardon system in China, this article first through the introduction of the definition, characteristics of amnesty system, and to identify similar concepts to explore the legal connotation of pardon system. And then through the research on the emergence and development of China’s pardon system to local pardon system in China should be toward the direction. Travel through the study of continental law system and Anglo-American law system several key national legislation present situation on the amnesty system, to compare the Chinese and foreign pardon system similarities and differences, to absorb and draw lessons from foreign pardon system is superior. By discussing some legal analysis of pardon system, to illustrate the legitimacy and rationality of pardon system retained. Finally, refactoring, pardon system in China from an amendment to the constitution, criminal law, points, and compile amnesty law aspects were discussed.