Comparative Studies Of Amnesty System

Ancient and modern, Chinese and foreign pardon system, as a kind of effective criminal policy, is widely applicable. In the era of absolute monarchy, many emperors, in order to consolidate the dominant position and alleviate class contradictions, give full play to the special functions and roles of pardon. Until modern times, pardon system still have offset legal rigidity sex and corrective justice misjudgment, which reveals important features, such as national ender. In today’s world, many countries have specific legislation to forgive, and use it flexibly in practice, and also have obtained good effect.And the current legal system in our country, although the constitution, the criminal law and criminal procedure law has hit the pardon system, but too principle and humble, and its all regulations to its operability is not strong. At the same time, since the People’s Republic of China founded, amnesty was applied seven times, but after that, it did not apply any more. The pardon system has been marginalized. Why the pardon system, which had the important value in criminal policy and ever been highly regarded, has been fallen into such an awkward situation? This had to cause our thinking. This article is based on this to study. Hope that through the investigation of the basic theories of modern amnesty system, and comparative analysis of the two major schools of foreign legislation, finally propose the definite suggestion which will perfect Chinese modern pardon system.In this paper, the main content is divided into four parts. The first chapter is an overview of the modern amnesty system, firstly analyzes the concept of pardon, and then discusses the type of the pardon, also elaborates the present situation of pardon system in China. The second chapter investigates the pardon system in the United States, which is the typical of the Anglo-American law system countries, and has carried on the comparative analysis of the United States and China. The third chapter discusses the pardon system of the typical representative of the civil law countries, France and Japan, and base on it, comparatively analyze the pardon system of France, Japan and China. The fourth chapter is the last chapter, in which, the enlightenment related is based on the comparison of the first two chapters. It at last put forward concrete Suggestions of perfecting our country’s modern amnesty system.