The Jurisprudence Of Amnesty

This paper mainly discusses the theory of Amnesty which fall falls into five parts----- namely the definition, attributes, standardization value, justice and the reflections on the amnesty problems in our country, in which the attributes and its value are the key points. The modern amnesty has been completely different from the traditional one, but many scholars study it in the criminal field, ignoring that this change is mainly because of their difference in nature. The three major fields that amnesty is used are the amnesty of war, amnesty of politics, and the judicial amnesty, and the big difference between them lies in that the latter possesses the standardization that the former do not have. And just because of this difference, the latter represents the essential attributes of the modern amnesty----"limiting of the power."The judicial amnesty is accomplished by limiting the power through the way of power interaction; while the amnesty of politics is that when there is conflict between national power and citizen's political rights, the former should give way to the latter.So the value of standardization of modern amnesty will be discussed in three aspects. Firstly, the attribute of amnesty and its specialization realizes amnesty and punishment co-exist; secondly, in the criminal policy field, the individuation and the reduction of penalty show the surface value of amnesty; finally, the modern amnesty combines it with monocracy, balanced of power and democracy, showing its terminal value of ruling by law.Furthermore, the multi-risk society needing the tolerance of law gives space for the amnesty of politics; the multi-reason of committing the crime, the reality of the inevitable human crime and the importance of giving criminals hope gave the judicial amnesty weak explanation; the need from war to peace makes the forgiveness of the war criminals reasonable. All these aspects explain the justice of amnesty above standardization.Finally, the analysis of the theory of amnesty will be warning of the practice of amnesty in our country. It is meaningless if we ignore the environment in which the amnesty works and its condition on which it functions. And the validity of the multi-supervision system of power doubtful; the intervention of executive power in the judicial power has influenced the independence of the judicature. So if amnesty is worked in this way, the independence of judicature and the authority of law will be weakened.