On China's Pardon System And Its Improvement

The pardon system refers to the legal system in which the state removes the guilt and penalty of the accused and the sentenced,or exempts or mitigates the penalty,if not removing the guilt.The decision to apply the pardon system is based on the political,economic and social needs and is to reduce the guilt or penalty of criminals through special legal procedures.However,so far there has been no clear definition of the application conditions,scope of application,effectiveness and operating procedures of the pardon system in China.In its specific application,a series of problems arise as well,such as that there is no standardization in the types of pardons,the starting procedure is too simplified,it is too difficult to distinguish its functions from the general criminal law system.The existence of these problems not only makes the current pardon system almost like a decoration,hardly applicable,but also unable to solve the practical problems caused by the specific social environment and historical conditions,such as the unfairness of justice,the conflict between the old and the new laws.Therefore,it is necessary to conduct an in-depth and systematic study on the pardon system,which may help to improve the legislation of the pardon system,and may also contribute to the standardization and application of the pardon system.In addition to the introduction,this thesis is divided into four parts,a total of more than 40000 words.The first part is a theoretical overview of the pardon system.This part mainly discusses the concept itself,classifications and its basic traits.The pardon system can be defined as the legal system in which the State remove the guilt and penalty of the accused and the sentenced,or exempts or mitigates the penalty.There are different means of classifying the pardons across the world.The most common types are general pardon,amnesty,pardon commutation,pardon rehabilitation.Based on this classification,this thesis clarifies the similarities and differences between general pardon and amnesty,between the pardon commutation and the general commutation.When it comes to the traits of the pardon,it is not comprehensive to assign the right of pardon to any of the attributes of the right.Instead,it should be classified according to the different functions of the pardon.The functions of legal relief of poverty,achieving individual justice,encouraging the offenders to start with a clean slate reflect respectively a mixed legislation and judicial and administrative nature of the pardon system.The second part is about the contemporary value of the pardon system.This part mainly discusses the pros and cons of pardon,the justification of its existence and the practical significance of its judicial application.First of all,the pardon system has both pros and cons,but the establishment of a sound criminal substantive law and procedural law,supplemented by an effective monitoring mechanism,can effectively avoid the abuse of the pardon.Secondly,the pardon system has the legitimate basis in the Constitution and the criminal law.The pardon system,being consistent with the rule by the law and the protection of human rights,is in line with the principles of the Constitution.The pardon and the principle of legality constitute a qualitative unity.It is conducive to the full play of the functions of individualized penalty,with its basis in the criminal law.Finally,the pardon system has its independent value and significance.It can overcome the rigidity in the existing system,meet the state's needs in special situations,and promote the construction of the rule by the law in china.Therefore,China should improve the pardon system as soon as possible.The third part is about the application of the pardon system.This part mainly sorts out the current legal provisions on pardons and the application of the eight amnesties.With this basis,it raises some problems with our pardon system with its legislation and judicature.Specifically,China's pardon system legislation is highly incomprehensive.In the substantive legislation,the pardon types are too simple,the scope of application is too narrow,and the effectiveness is too vague.In the process of legislation,the starting procedure is too simple,and the conditions applicable have almost been not mentioned.blank.There are some problems with its specific application too: there is no standardization in its classification,there are no appropriate transaction processing institutions and it is difficult to distinguish it from the commutation,parole and other general criminal law systems.The fourth part is about the improvement of the pardon system.This part mainly deals with the problems of the pardon system mentioned above,and puts forward an outline for its improvement,which is to reestablish the pardon system so as to better link with other related systems of the criminal law and realize the standardization and procedural operations of the pardon system.First of all,it is clear that our pardon should include four basic types of general pardon,amnesty,pardon commutation,pardon rehabilitation.Secondly,the improvement in the legislative norms the pardon system should be conducted from the constitutional legislation,substantive legislation and procedural legislation three aspects to improve the legislative norms of the pardon system.Finally,the improvement of its supporting support system should be conducted from three aspects,namely,constructing the related psychological consultation mechanism,improving the social security of the pardoned "four no” people,and establishing the evaluation mechanism of the value of the pardon system,so as to fully realize the value of the pardon system and the intended legislative purposes.In short,the modern pardon system has the unique value of highlighting the constitutional spirit and balancing the social conflicts of interest.A continuous theoretical research can better guide the real practice,and help the pardon system show strong exuberant vitality and distinct vitality.