Discuss The Han Dynasty's Amensty System

Amnesty as an important manifestation of the royal prerogative, frequently appear in the historical literature of China's feudal era , and gradually become a very important system which has been inherited by ancient monarches.The origins of China's amnesty system can be traced back to ancient times,there are many records about amnesty in "Shang Shu" which is China's most ancient historical literature. Han Dynasty is the formative years of the amnesty system,the political tradition of frequently implementing the amnesty in Han Dynasty has deep impact on future generations. Therefore, the in-depth study of the amnesty situations and institutional patterns of the Han Dynasty can help us to grasp the fundamental properties of amnesty system from the source,and thus have more accurate and profound understanding about the amnesty system. In addition, the amnesty system is also one of the issues which have long and intense controversies in the history of Chinese law.The controversy about the propriety of amnesty system has been over whether or not there and gradually developed into three representative kinds of theories in Han Dynasty:supportion, refute and compromise.Han Dynasty's amnesty system also developed and improved continuously in a number of controversy.At present, many countries recognize the importance of amnesty system and through various forms to improve their own modern amnesty system. After the founding of New China, our country had implemented seven special amnesties.But these thirty years since implementing the special amnesty in 1975, the amnesty system had gradually disappeared in people's sight.It was shelved and never implemented before, but only has been involved in the the Constitution and a number of criminal law provisions. However, the contents of those provisions are too simple and abstract, and there are not clear and specific legal provisions about the objects, procedures, effectiveness of amnesty system.Thus for lack of maneuverability, the amnesty system is very difficult to be truly applicable,but caught in an embarrassing situation ,so it exists in name only. In view of this situation, I believe that amnesty which is a legal system of expression the forgiveness and mercy have great significance to promote China's current building of a harmonious socialist society, we do need to re-understand the importance of amnesty system,thus on this basis to activate and improve our country's modern amnesty system. This paper is mainly divided into three parts, including introduction, body and conclusion.The introduction simply explains the purpose and significance of writing this paper,the status of related research at home and abroad,the research methods, and so on.The body is divided into four parts:in the first part, simply introducing the history of amnesty system,including the origins of amnesty system and the overall developments in Spring and Autumn Period, and in the Qin Dynasty; in the second part,introducing in detail the overall developments of amnesty system in Han Dynasty,including its types,procedures,legal effects;in the third part, clarify the ideological basis and the assessments of amnesty system in Han Dynasty, this part and the second part are the focus of writing this paper;in the fourth part, putting forward the inspiration of studying Han Dynasty's amnesty system, including the amnesty system after New China was founded and the necessity of improving the China's modern amnesty system. The conclusion then summarily states the full text.