The Jurisprudence Research On Special Pardon System

The special pardon system after the changes of the times have survived, enough to reflect the value of its existence and rationality. The special pardon system as a privilege of ancient king, is a symbol of power. The rule of law in modern society, the special pardon system has been the most countries in the world to introduce legislation to determine, in order to politics or orthodontic cases non justice needs, by heads of state or a special pardon body made, the relative specific individual offenders or guilty of a crime by implementing multiple crime, with a total or partial exemption from the penalty execution effect system.Today, the special pardon system in China has been dust-laden for many years. Based on the historical evolution of amnesty amnesty system, practice, legal basis, applicable principle aspects elaboration and the analysis, proposed the special pardon system start applicable principles, and to the current legal provisions to be amended and supplemented, measure and proposal, hope country and society to face up to the special pardon system’s unique value and due value.In this paper, except the introduction and conclusion, including four parts.The first part, mainly through the media hot" NiuYuqiang case" analysis, pointed out that NiuYuqiang unjust problem in the judgment and execution process, this kind of injustice in the existing system of relief system is not resolved, the author thinks, can be considered by NiuYuqiang to be the solution to the special pardon system law modification the case of injustice.The second part, based on the practice at all times and in all countries the special pardon system comparison and analysis, the special pardon system reflect the unique value and its legal basis, namely the special pardon system in different historical period, the different political circumstances, its highlight the value function is different.The third part, through from the special pardon system in contemporary China under the context of the legal basis of the legitimacy of pardon system, elaborated the essence of the special pardon system is based on the tolerance of criminal who made exempt from execution of punishment system, the special pardon system is a kind of form tolerance system. Secondly, the existence of the special pardon system are closely linked with the human rights, freedom, the rule of law and constitutional government, concept of value advocated by the rule of law society, the special pardon system is to the modern rule of law system and the protection of human rights, restriction of the judicial authority, effective supplement of insufficient of the current rule.The fourth part, in view of legislation and application problems of the special pardon system present in our country, clear start applicable principles, points out the necessity of the special pardon system to supplement and improve the relevant legislation, better realization of social justice.