The Consummation Of Clemency System Of China

The system of clemency, as a way of eliminating penalty, has a long history and an important significance for criminal policy. The system of clemency in ancient times was an added way for stringent laws, but as the perfecting of law system, there has been a fundamental change in the pardon system in the countries ruled by law. This paper firstly defines the concept of the clemency, which makes features, types, properties more explicit, and then this paper elaborates the argument of clemency system’s retention or abolition, and gives a brief assessment of this argument. Through a detailed comparison of the amnesty legislation and practice status of the western countries, this article clearly pointed out the problems of Chinese pardon system and the reasons of those problems mentioned above. Creative achievements of this paper is the author gives the overall proposals on the consummation of Chinese clemency on the basis of the analysis in the end of the article, hoping that this article can give much inspiration for the consummation of clemency in our country.