Predicament And Tanscendence:application Of Amnesty Incontemporary China

Amnesty, an old political system, is ubiquitous at all times and in all lands. Itevolved from the patronizing system in slavery and feudal society and became animportant component of monarchial power. With the social development anddemocratic promotion, amnesty is an important criminal policy to resolve socialcontradictions, balance benefits and provide legal aids. Amnesty is not discarded butgradually accustomed to meeting the needs of democracy. It plays an important rolein defending the state order.However, amnesty, which does not catch enough attention from legislature andjudiciary, is marginalized and banished. Since the People’s Republic of China began,amnesty has been granted to political prisoners or prisoners of war for only seventimes. And it was to safeguard the New China under the circumstances of deficientamnesty system. There was only the general description of the amnesty inconstitution. Due to the neglect of the amnesty in legislation and judiciary, therewere few theories about it for researchers. At present, China is undergoing socialtransformations. Social problems arise, which urgently need amnesty to settleproblems and fill the gap of our law.At present,our country is in the period of social transition,the economy developrapidly,there is a certain disconnection in law and economy development,how toproperly solve the development of the crime problems affecting the national securityand social stability.Amesty as an effective means of Criminal Policy can solvecrimmal problems flexibily and solve some crime in the development properly.Soweneed the amesty to solve the problems,make up for the insufficent of law.At the sametime,tolerance of law is consistent with the spirit of Harmonious Society our countryadvocates.So,perfect Chinese amesty system to make it application in judicalpractice again is very significance. This thesis tries to explore and perfect amnestyin our country especially when it is marginalized, for the purpose of exertinginfluences on the other countries and complying with the international trend ofdeveloping amnesty.