Modern Pardon System

Pardon system as an effective criminal policy is existed widespread in all times and in all of the legal system. It was an integral part of autocratic monarchical power in ancient times, the means to regulate the interests relationship, ease the class conflicts , maintain the rule of order.It depends entirely on the exercise of personal likes and dislikes and arbitrary willfulness of the monarchy, embodied as a gift from the monarch to the subjects. With the development of the times, not only did not the pardon system wither away , but to shine with more powerful vigor and vitality. Pardon system of modern society cast off the color of the autocratic monarchy era, adding details of democracy and rule of law, demonstrates the value of the protection of human rights ,reflects the development and progress of human civilization trend.Modern pardon system has the criminal policy function of regulating conflict of interest, easing social conflicts, lacking of relief to the rule of law and correcting judicial misjudgment, thinning by prison inmates, highlighting the the national ende.In today's world of countries in the legal system to be provided for pardon, and use flexibly in practice with good political and social effect.The international community is also fully endorsed to the value of the pardon system, a number of important international human rights documents ,such as the "Universal Declaration of Human Rights", " the International Covenant on Civil and Political Rights " provide the provisions of pardon system.Pardon system has a developed history in China, whether in the legislative system, the type of pardon system ,the way to fulfill it,other countries are unparalleled.The China's Constitution, Criminal Law and Criminal Procedure Law is also involved of pardon system, but because the provisions of the principle is too simple, not operational, resulting in a waste of legislative resources, in practice it is difficult to implement. After the founding of the PRC, the Chinese government had pardoned the Japanese war criminals, and had seven times pardoned the domestic war criminals, which received a very good political and social effect.But from then, our country has not implemented any pardon.Why such a criminal system of historical value and practical significance has fallen into a embarrassment in our country?The reason of it has to cause us to think deeply. This article is to conduct the studies withing this issue.Hope that through the study of modern pardon system type national legislation, the analysis of the theoretical basis and the meaning of criminal policy of the pardon system, and put forward a reasonable proposal to perfect our pardon system.The overall structure of this paper is divided into introduction, main body, conclusion three parts. The main body is divided into five parts.The introduction introduces this article's significance of topics,research Status, innovation and inadequacies.The first part is an overview of the modern pardon system. First analyse the concepts of the modern pardon system and it's features; and then introduce the five basic types of the modern pardon system; finally analyze the differentiation of pardon and related concepts.The second part is study on the national legislation of the modern system, , introduced respectively China and abroad legislation about the pardon system. The third part is about the analysis of the pardon system's theory question. From the academic point of view analyze the properties of the pardon system and the pros and cons of the pardon system.The fourth part is about demonstration of the legitimacy of the pardon system based on. Demonstrated the legitimacy of the pardon systemfrom the theoretical basis and practical criminal policy.The fifth part is the idea of consummating our country pardon system. Analyze the present situation and the need to build apardon system, put forward a concrete concept of perfect our pardon system.Conclusion re-emphasized the value of the pardon system, called for the need to pay close attention to perfecting the system of the amnesty legislation.