Research On Clemency System

The system of clemency traces back to ancient times. Some countries have been applying the system to this day. Clemency started in China from time immemorial, and positive practice was run on several occasions from 1959 to 1975.Nevertheless, for lack of unequivocal substantive and procedure regulation of China's current legislation on clemency, and owing to such social factors as the public concept of heavy penalty, clemency was put into a state of "hibernation" in China, with its functions not fully exercised. Therefore, we should probe into the system of clemency.This dissertation falls into four chapters as follows:ChapterⅠ,"An overview of the clemency system". Starting with the definition and basic feature of clemency, this chapter probes into the dispute over the ownership of the power of clemency and states that the power of clemency in modern society is exercised in concerted efforts by different power structures .ChapterⅡ,"The Justifiability of Clemency".This chapter, which gives a brief assessment of the argument over the retention or abolish of clemency both in China and abroad, notes that the implementation of clemency, which resembles a double-edged sword, shall be based on consummate substantive and procedural laws to the effect that the abuse of clemency can be avoided. Also, this chapter explores the justifiability of clemency from the angle of legal principle and constitution and expounds the grounds for the criminal policy.ChapterⅢ, "Exploration and Comparison of clemency both in China and abroad".Through a comparative study, this chapter gives a brief comparison of the ancient clemency between China and foreign countries. Then, this chapter focus on the differences of their modern clemency between the substantive problems (such as the types, scopes and effectiveness of pardons) and procedural problems (such as the application for pardons, relevant investigations, the proposals or decisions on pardons, and the security classification of pardon-related information) .ChapterⅣ,"Proposals on the Consummation of China's clemency".Based on China's current laws pertinent to clemency, as well as the practice and backgrounds of clemency, this chapter analyzes the existing clemency-related problems to be settled in China. And with a view to China's current problems involving clemency, this chapter uses for reference the clemency-related legislation and practical experience both in ancient China and in modern foreign countries, and gives the overall proposals on the consummation of China's current clemency in light with China's national conditions, that is, to establish the principles for the practice of clemency, the supervision mechanism, the clemency board and a complete system of clemency-related legislations.