Discussion On The Improvement Of Pardon System In China

Pardon system has a long history in China, especially in ancient times.Pardon system as an effective criminal policy is existed widespread in alltimes and in all of the legal system. It was an integral part of autocraticmonarchical power in ancient times, the means to regulate the interest’srelationship, ease the class conflicts, and maintain the rule of order. Itdepends entirely on the exercise of personal likes and dislikes and arbitrarywillfulness of the monarchy, embodied as a gift from the monarch to thesubjects.In China’s current law, the pardon system is involved in the constitution,the criminal law and criminal procedure law. The article67of the constitutionstipulates that the standing committee of the National People’s Congress shallhave the right to decide to amnesty, and the article80of the constitutionstipulates that President of the National People’s Congress’s has the rightto announce the decision according to standing committee of the NationalPeople’s Congress. There are only two places about pardon system in our currentconstitution. And in the criminal law of1997and in the criminal procedurallaw of1996, the pardon system is just involved in recidivism, not to prosecuteand other system. So we can say, the pardon system is forgotten. Almost, thereis no law say something about pardon system.With the development of China’s economic and social reform, thediversified social system has been clearer; this is the base of a mature socialto keep vitality. But at the same time, it will lead to social contradictionsand even the highlight of fierce.It is a big problem for the construction of the socialist harmonious societytoday. Pardon system can adjust conflicts of Interests and balance socialrelations. In the specific social and political, economic situation, properlyusing pardon system is a very good choice. It can make the conflict more ease.It also can balance social relations. So pardon system is benefit for maintainthe stability of the country and the stability of the society. Pardon systemcan still make big contribution today.With the development of the times, not only did not the pardon system witheraway, but to shine with more powerful vigor and vitality. Pardon system ofmodern society cast off the color of the autocratic monarchy era, addingdetails of democracy and rule of law, demonstrates the value of the protectionof human rights, and reflects the development and progress of humancivilization trend. Modern pardon system has the criminal policy function of regulating conflict of interest, easing social conflicts, lacking of reliefto the rule of law and correcting judicial misjudgment, thinning by prisoninmates, highlighting the national endemic today’s world of countries in thelegal system to be provided for pardon, and use flexibly in practice with goodpolitical and social effect.At present, there are many viewpoints about pardon system. Some scholarssupport this system, and some not. Some people say pardon system may waverthe stability of law. It makes the criminal out of the punishment. Some peoplethink that pardon system should be exist and make it mere perfect.Pardon system has a developed history in China, whether in the legislativesystem, the type of pardon system, the way to fulfill it, other countries areunparalleled. The China’s Constitution, Criminal Law and Criminal ProcedureLaw is also involved of pardon system, but because the provisions of theprinciple is too simple, not operational, resulting in a waste of legislativeresources, in practice it is difficult to implement. After the founding ofthe PRC, the Chinese government had pardoned the Japanese war criminals, andhad seven times pardoned the domestic war criminals, which received a verygood political and social effect. But from then, our country has notimplemented any pardon. Why such a criminal system of historical value andpractical significance has fallen into an embarrassment in our country? Thereason of it has to cause us to think deeply. This paper is to conduct thestudies within this issue.This paper starts at the concept and types of pardon system. Also describethe history of and comments on pardon system in China, now and past. The proscons of pardon system, rationality and practical needs about implementationof pardon system in China has been analysis, and then, on base of front, theauthor discussed the improvement on China’s pardon system.Except preface and epilogue, this paper includes four chapters.The first chapter is summarizing of pardon system. This chapter includestwo parts. In the first quarter, the author proposed the definition of pardonsystem on base of comprehensive study on the definition of pardon system inthe academic. In the second quarter, the author elaborated ancient and moderntypes of China’s pardon system, the latter has been detailed. This chapterwill show us what pardon system is and how many types pardon system has.The second chapter tells the development of the pardon system in China.This chapter was divided into two parts. Subchapter1clued the history ofChina’s pardon system to the emergence, the development in the feudal eraand the establishment in modern society. It show us that pardon system hasgreat use in ancient times. Subchapter2presents the current pardon system in China. Now pardon system almost forgotten by most people.Chapter3analyzes the pardon system of China. Two parts are included.There are many problems on pardon system of China. For example it is hard tostart the pardon progress. The author thinks it necessary for the exit of pardonsystem. Pardon system will help China on some aspect.Chapter4discussed the improvement on China’s pardon system. Thischapter has two subchapters. Subchapter1discusses the improvement of pardonsystem from the types of pardon system. Many types of parson system shouldbe repeat used. And subchapter2discusses it from legalizationIn short, pardon system needs not only exist in our country, but also theappropriate to development and implementation.