Study On The Application Of Amnesty In Ancient Chinese Society

In the ancient system of the East and West,the clemency system has glory history among these.The clemency system has a long history of development,we may now have been unable to observe the amnesty in the ancient social period of the system content and the practice of the whole picture.But fortunately for Chinese scholars,the theory and practice of almost the whole clemency system in ancient society has been recorded by the multitude of historical materials.We can get more comprehensive understanding of the true meaning about the clemency system,we can use more adequate theory to unscramble what factors in ancient that promote the generation and evolution of the clemency system,and how to promote the development of the clemency system.Then,to comprehend the significance of the clemency system for the ancient society,and on this basic,to find an appropriate evaluation to this system.This article is mainly through investigate the history and the specific content of clemency system,analyze the content of these factors of Chinese ancient society,in which method to promote the system of clemency.And on this basis,summary application characteristics of the clemency system under the influence of special external environment in the ancient society.Finally,summarize the effect of the clemency system to the Chinese ancient society.And according to the above analysis,evaluate the system of clemency.This paper is divided into four parts:The first part is about the background and significance of this topic,the main part is the summary of domestic scholars' research on the topic.The second part is mainly to give an comprehensive introduction about the content of the clemency system in the ancient Society.It's including definition of the concept of the clemency system,combing the historical evolution of this system,and summing up the specific content of this system.And the introduction about the content of the clemency system is divided into five parts,the application type,the application object,the application condition,the application legal procedure and the application legal effect about the clemency system.The third part is to discuss the ideological foundation and the realistic root of the clemency system.To illustrate the creation and development of the clemency system,itis closely related to the special social status of the ancient society.The application of this system is not only as a political means for the emperor to highlight the kindness of him and maintain the personal domination,but was promoted by these specific social factors.The fourth part is to evaluate the function and value of the clemency system,before analyzing the historical function of the clemency system,it's necessary to analyze and summarize the application characteristics of the clemency system in the Chinese ancient society by the practice of it.The practice of the clemency system by the emperor has distinctive features,and that's closely related with the influence of this system to the ancient society.Therefore,to explore the function of the clemency system in the ancient society,we must analyze the trend of it firstly.Then,discuss the value to the ancient society and inquire the enlightenment to the construction of the modern legal system from the clemency system.The main purpose of this article,is to understand the real significance of the clemency system in the Chinese ancient history.Through this analysis,the author want to let more people to understand the clemency system in-depth,that this system is not the product of the ancient emperor's unbridled in the first impressions of themselves.The development and evolution of the clemency system in the ancient society has been caused by the specific social conditions by the Chinese ancient society.The improper application of the clemency system of the emperor had caused a bad influence to the feudal legal system and social ethos,but the flexible use of it has exerted a positive influence to the society at that time.The amalgamation of the clemency system and the Chinese ancient society is over thousands of years.The clemency system is not only as one of the condition to the annihilation of punishment,but also reflects the spirit and wisdom of the ancient society to a certain extent,there's some valuable lessons to learn for the Chinese whose live in the modern society and the Chinese society which was deeply influenced by the ancient culture.