On The Pardon System

Declared by the state as a person of the crime from incrimination, or did not exempt incrimination, but to waive or reduce its elimination of criminal penalties reason ,pardon system undoubtedly has a long history. Frunze in the legal system, despite the existence of"pardon"and"non-pardon"controversy, but in the history of most countries in different periods or complex or simple system to set up a pardon. Although the pardon in the medieval monarchical power as an important component of the emerging, successive emperors for preaching"Rende", and befriend the people, in order to preserve its rule. But the rule of law in today's developed countries, the pardon in the legal system has been undergoing a thorough change of the nature of innovation and ideas. Pardon the existence and application of the system has been based on the supremacy of the emperor is no longer given by the Crown of the crime a"favor", the starting point is to give full play to regulate conflicts of interest, equitable social relations and compensate for the lack of criminal law policy processes, and effectively safeguard national and social interests as a whole. Countries through the operation of a modern system of pardons, at the expense of partial or individual interests, and even to some extent the price of justice, access to the safeguard the overall interests of society and the achievement of cases dealing with the substance of justice effectiveness.However, in China's current laws, only the Constitution, the Criminal Code and the Code of Criminal Procedure of the pardon system slightly involved. It can be said that China's existing laws for the purposes of a pardon neither entity, has no procedures, pardon system has been completely marginalized. However, as China's economic and social transformation and development, will inevitably lead to many social contradictions and even the highlight of the intense, in this particular socio-political, economic and social situation, the proper use of a pardon system, can make good ease social conflicts, regulation Conflict of interest, thus safeguarding national stability and social stability. This is not only on"the State to respect and protect human rights"constitutional spirit of full proof, but also with China's efforts to build a harmonious society of the grand goal of the Agreement. Therefore, the pardon system be necessary rational analysis and in-depth study of great theoretical value and practical significance.Based on China's current system of pardon legislation as the basic premise, combined with China's practice of pardon to explore the pardon system, discussed the pardon system more focused on amnesty, pardon system, for lack of space between remaining in this paper do not go into details. This paper is divided into five parts, namely Foreword, Introduction to the (pardon the historical evolution of the system and define the concept), the value of (pardon the value system of Inquiry), running on (pardon the system activated and Construction), the conclusion to activate Construction of a modern constitutional and in line with the spirit of the rule of law and the requirements of the pardon system as the core, comprehensive and in-depth study on the many issues pardon system. On the primer on the history of Chinese and foreign pardon system evolution, and to be analyzed, have come to pardon the old system, the existence of the reality of reasonable conclusions and secondly on the concept of a pardon system and its content, attributes compared to redefine the definition And come to the right of pardon for the separation of powers among the exceptions that the properties; again, focus on the value of Inquiry in the value of the pardon system, a pardon from the retention or abolition of the dispute over the human rights of pardon, pardon the significance of the three criminal policy perspective Research carried out, the system has come full pardon the value of the legal conclusions; Finally, based on practice, and from our current system of pardon the legal basis for the practice of assessment started on China's system of pardon system activated by the construction of the "three Steps "to the strategic principle, the hope for China's legal construction offer advice and suggestions.