Study On The Rights Of Remitting

The rights of remitting refers to the sentenced people have the rights to get remitted the conviction, remitted or lightened the penalty, therefore not being prosecuted, not weighing the punishment or not being executed sentence by the state. The provisions of the rights of remitting are favorable to protection of human rights, restriction of power and social justice.The situations of the institution of remitting differ from each country, some countries have had the regulations of the rights of remitting, but some countries have no related regulations. Take an over view of all countries’ regulations of the rights of remitting, the contents of rights of remitting include: the request of remitting and the related rights, the right of refusing remitting, the right of issuing certificates of remitting and the relief of rights of remitting.The emergence of the rights of remitting roughly experienced the phase of absolute prerogative of mercy, the phase of limited prerogative of mercy, and finally formed the rights of remitting. The rights of remitting are formed with perfecting the institution of remitting, restricting the prerogative of mercy and strengthening the protection of human rights.There is only direct prescription about the prerogative of mercy in the present constitution, but nothing about the rights of remitting. With the construction of the rule by law, it’s necessary to reconstruct the institution of remitting. As a result of that, we should not only develop the spirit of human rights and pardon, but also put the rights of remitting in the first place of the reconstructing of the institution of remitting.