Pardon System Of Legal Analysis

The remit system has always been an important method, which was used by both Chinese and foreign ruling class, to balance and adjust all kinds of relationships. However, the remit system was one of the most fierce problems which people argued from ancient times to now, and the argument about the remit system's necessity had been developed into three kinds of theories, which are the affirmation theory, the denial theory, and the compromised theory. The remit system has been continuously improved and developed in the fierce arguments. Nowadays, many countries have continuously improved and developed their modern remit system after having recognized the importance and necessity of the remit system. The history and the reality all indicate that the rational remit system has great significance in safeguarding the stability of a country, comforting the popular sentiment, saving the judicial resources and so on. However, the development of Chinese remit system has almost been ceased. While the current construction of socialism harmonious society summons the modern remit system. It is necessary to know the importance and necessity of constructing Chinese modern remit system again, both from the practice and from theory.This article includes three major parts, which are foreword, main text, and conclusions.In the Foreword part, the question of establishing tolerant modern remit system for the harmonious society is put forward.The main text is divided into four parts. In the first part, the history and the present situation of the Chinese and West remit system is introduced simply through the historical review. In the second part, after narrating the three kinds of theories on the remit system's arguments, the remit system's function is introduced in great detail, and the remit system's malpractice is introduced simply. In the third part, based on the general analysis of its advantages and disadvantages, the valid basis of the remit system is analyzed from the legal angle. Firstly, the valid basis is analyzed from the angle of constitutional government. Secondly, the valid basis is analyzed from the angles of legal value and legal development in the jurisprudence, and so on. Finally, the valid basis is analyzed from the angles of criminal basic principle, the penalty and the criminal policy in the criminal law, and so on. In the fourth part, after analyzing the conditions and needs of the politics, the economy, the law, the culture and the society both home and abroad, the necessity and importance of establishing Chinese modern remit system is put forward.In the conclusion part, the necessity and importance of establishing Chinese modern remit system is put forward again.