On Construction Of The System Of Pardon

Long history in China, the pardon system as the ruling class balance and adjust various important means of social contradictions are the rulers of the pie. Meanwhile, the pardon system, people also become one of the focus of debate, but, based on its great value and strong vitality, been controversial in the suffering continuous development and improvement. Reality and history both show that a reasonable system of maintenance of national stability pardon, pacify and conservation of judicial resources is of great significance. But in today's China, the pardon system was almost at a standstill in the state, only the Constitution, criminal law and criminal procedure system of forgiven a little involved. It can be said for the pardon of the implementation of existing legal provisions are neither physical nor procedures, pardon the system is being marginalized. However,with China's rapid social and economic transformation, social conflicts have been gradually intensified, in this case, a reasonable implementation of pardon system, can effectively alleviate social contradictions, adjust various conflicts of interest, and thus to safeguard the security and stability. Also with our efforts to build a grand goal of a harmonious society to fit. Therefore, how to improve and pretest the pardon system to make full play to their intrinsic fundamental value of paramount importance.This article includes introduction, body, conclusion of three parts.Preamble:the actual situation in our country, and then summed upthe construction of the system offorgiven the great significance and value.Text is divided into four parts:The first part, in chronological order as the, out line of the history pardon system at all stages of review. This section respectively, form ancient China, modern China and the three stages of New China, the origin of the pardon system in general and the development list, so we can see that the forgiveness of our system a long history, the history of five thousand years in China, scroll left a strong ink. pardon the system from a single to complex, form immature to mature, construct the framework of the theory becomes more obvious, and its development is becoming more and more humane, more and more to adapt to society's development needs.The second part of the comprehensive amnesty system described in the definition, the basic lement, attribute, type. The concept of academic amnesty system are the six hypothesis, respectively, form a different perspective, the concept of pardon to be defined, the author summarizes these doctrines were discovered some things in common, and some similar concepts were horizontal contrast. The basic elements of the system for pardon, the pardon system, mainly form the subject, object, content to explore three aspects. Clemency and theoretical circles are the properties of that legislative power, judicial power that the executive power that the right to rule said. Pardon the type of system is divided into a system,the right of pardon power complex system of power of pardon commutation system.The third part of the macro perspective the advantages and disadvantages of the pardon system of assessment, the use of reverse thinking, were pardoned form the implementation of the system "a violation of existing law, ""whether the alleged rule of man ", "contrary to the principle of legality," the three the most difficult problem for system demonstration, and ultimately more good than harm come to the conclusion pardon system.The fourth part, combined with the reality of our situation, understand the political,social, economic, legal, cultural, and many other conditions and requirements proposal of building a system of forgiven specific methods and ideas.Epilogue:the system called for increased attention to academics on the amnesty,pardon system building for modern Chinese reiterated the necessity and importance.