Pardon System, In The Criminal Law

Titled by "absolvable system of criminal law", the dissertation presents the conception and classification of absolvable system in modem times, from absolvable system in China and abroad. The dissertation states the theoretical basis and reconstructs absolvable system on this basis. The dissertation contains preface, the four main parts and the end, forty thousand words in a whole.In the preface, the author states the procedure of choosing the topic, important value of theory, legislation and judicatory. The author outlines the dissertation concisely.In the first part, the author introduces the inspection of absolvable system in China and abroad. From history and current situation of every country in accident and modem times, absolvable system has the experience of thousands of years with the development of the society of human beings. In this part, the author inspects the absolvable system in China and abroad from three aspects: Firstly, the author explains concisely the history and current situation of absolvable system in China from the origin of the absolvable system in accident times, in the continent, Honking, Macao and Taiwan; Secondly, the author induces absolvable system in France, Japan and Russia, hackling the development of absolvable system in abroad; Thirdly, the author introduces concisely absolvable system in modem times. The fundamental difference on absolvable system in accident and modem times is whether the implement of pardon right is subjected to restriction of law and organization. The author analyzes and states the conception and classification of absolvable system in modern times. Firstly, the author outlines it: "From the criminal policy, the state exempts crimes and penalty or exempts and lessens penalty though crime can not be exempted. " Then, the author outlines and analyzes the absolvable system in modern times. According to the common classification all over the world, it is divided into five types: general pardon, special pardon, absolvable remitting a penalty, absolvable commutation of punishment, absolvable rehabilitating rights.In the second part, the author states the theoretical basis of absolvable system, it contains deep theoretical basis as necessary part of criminal system. This part states theoretical basis of absolvable system from its theoretical dispute and discussion its theoretical dispute. The author sums up three theories "improvement of absolvable system", "disparagement of absolvable system" and "limitation of absolvable system", then, the author comments the three theories. In the end, the author supports the "limitation of absolvable system" and improves the specific?confects of this theory.In the third part, the author states the reconstruction of absolvable system in China. The author believes there are many kinds of causes that make the absolvable system in China having been laid aside and neglected for many years. The author thinks that the important one cause is its simple, its principle and its lack of manipulation. What is more, the author explains the ideas on its implement in learning community. According to its six articles in constitution, criminal law, and criminal procedure law. It cannot attain the level of system. The author raises the reconstruction of absolvable system: (1) specification of absolvable system and absolvable system on capital penalty, special crime and some foreign should be constructed. (2) It should be legalized. The author raises implement object, applicable object, applicable scope and object, condition, and special content on applicable procedure legalization.In the end, the author states her owns standpoint on absolvable system once more in order to avoid unnecessary misunderstanding.