Jurisprudence Thinking About Death Penalty Amnesty System

In the Chinese and foreign history,The death penalty amnesty system has been a veryimportant legal.It was a part of the sovereign power;it has functions of alleviate domesticcontradiction, consolidate national rule;reduce the miscarriage of justice, increase nationallabor.Of course, in the death penalty amnesty system development process, the oppositionis always there, Han Fei, Zhu Geliang, Liu Ji and so on are typical representative figure.With the progress of civilization and the history evolves, the death penalty amnestysystem is gradually mature, and plays a very important role in today’s world.First, thedeath penalty amnesty system can reduce and limit the application of death penalty.Second,it can make up for the shortcomings of the law.Third, it is a very effective way to solveinternational disputes.Fourth, it can make criminals to do good, can effectively realize thepurpose of penalty.Of course, the researchers on the death penalty amnesty system willbring disadvantages debate is never stop, such as the death penalty amnesty system willaffect the independence of the judiciary, violated the separation of the three powers; wouldweaken the authority of law, reduce the certainty of punishment and so on.China is one ofcountries which retain the death penalty,should establish perfect amnesty system to reduceand limit the death penalty.But our country the substantive law and procedure law has notperfect death penalty amnesty system.In In my opinion, our country should establish andperfect suited to China’s national conditions of death penalty amnesty system, to achievethe perfect law, the aim of safeguarding human rights.