A Study On The Amnesty System Of Death Penalty In China

The death penalty special pardon system is an important part of the clemency system and the indispensable content of the death penalty system as well. In our country, the establishment of the death penalty special pardon system conforms to the trend of legislation to limit and gradually abolish the death penalty.The paper based on the domestic and foreign scholar’ study about the pardon system, starts with the definition of amnesty, the special pardon and the death penalty special pardon system, and proposes the death penalty pardon system under the situation of our nation’s law. In other words, the paper suggests that to establish the concept of the death penalty special system in China, we should start from the concept to make clear the system itself. In the second part of the essay, from the investigation of the death penalty special pardon system from two perspectives of domestic and foreign, we conclude that not all the countries are only applicable to the death penalty special pardon. Although positioning in the death penalty special pardon system, this article studied from the height of the entire clemency system. In the international level, this paper introduces the stipulations of the United States about the death penalty clemency system in detail. And in the domestic level, this paper introduces the provisions of China’s death penalty absolution and some practices. The last part of the paper analyzes two difficult problems we will face when establish the death penalty special pardon system in our country and demonstrates the reasons of its establishment. Later we focus on some specific design of the establishment of the death penalty special pardon system in our country, and I put forward my views in the legislative path, authorities decided and so on.Comparing to building the pardon system including death, I believe that we should establish the death penalty special pardon system in the criminal law as a part of the death penalty system, and give the specific procedural regulations in criminal procedure law, and take amnesty for the specific cases to limit the scope of application strictly, especially forbid the crimes and cases which are applied to the death penalty amnesty clearly. And we need to retain the current constitution about the special pardon and make a few modifications, to reduce the resistance in the real modifications of the law, so that to promote the establishment of the system. In our country, although the Court, the Procuratorate shall exercise their functions and powers independently, the judicial power cannot be completely independent. Therefore, the special pardon is supervision to the judicial power outside of the death penalty cases. Its purpose is to safeguard the fairness of the judicial operation better.Although many clear limitations to the pardon systemic made in the paper, I still hope that, on the one hand, playing amnesty flexibility, don’t impose too many rigid restrictions on the death penalty. On the other hand, I hope to prevent the abuse of the death penalty special pardon system. It is worth mentioning that this paper advocates giving every criminal who is sentenced to death the right to apply for the special pardon. Because the justice and equity of the law is more important than efficiency in the cases involving with the right of life.