Research On Amnesty System With Chinese Characteristics

The system of pardon has a long history in our country and plays a vital role in the feudal rule of kings.With the birth of the People's Republic of China,the current Amnesty System in China has developed in a tortuous way,from the privileged means exclusive to the emperors in ancient times to the criminal policy of easing social contradictions,making up for the deficiency of the law,resolving the conflict of interests,etc.,this is the inevitable trend of the development of social rule by law.China's amnesty system has also formed its own characteristics in this trend.Some of these characteristics are worth retaining and promoting,such as the specific restrictive conditions of amnesty,the subject of amnesty and so on,however,some characteristics need to be further improved,such as the lack of legislative provisions in the relevant procedures,the type of pardon is too single and so on.The author tries to study the amnesty system with Chinese characteristics on the basis of understanding,summarizing,evaluating and perfecting.First of all,it has a general understanding of the amnesty system,then it summarizes the contemporary amnesty system in China,and then analyzes it from its development,the object of amnesty,the conditions of amnesty,the type of amnesty,the procedure of amnesty.Finally,the paper puts forward the idea of amnesty system which is more in line with the development of China's Amnesty Socialism and promotes the perfection of the socialist legal system with Chinese characteristics.This paper is divided into four parts.The first part is about the conceptual types of pardon.Starting from the basic theory of the pardon system,the concept of the pardon system,the type of a whole grasp.The second part is China's contemporary amnesty system.Understanding the objective situation is the basis of evaluation and analysis.This part is mainly aimed at the practice of nine amnesties in China since the founding ceremony of the People's Republic of China,this paper introduces and summarizes the nine amnesties from four aspects: the development of the amnesties,the specific content of the amnesties,the types of the amnesties,and the procedure of the amnesties,and finds out the characteristics of the amnesties in our country.The third part is the comment and analysis of Chinese contemporary Amnesty System.After the summary of the second part,this paper evaluates and analyzes the current amnesty system in China,mainly from the development of amnesty,the specific content of amnesty,the type of amnesty and the procedure of amnesty,and finds out the advantages and disadvantages,to provide a basis for the improvement of the amnesty system with Chinese characteristics.The fourth part is the conception of the development of the pardon system with Chinese characteristics.In the light of the current situation of the amnesty system,we should select its essence and discard its dross,perfect it from four angles of principle,type,concrete content,procedure and legislation,and explore the way of developing the amnesty system with Chinese characteristics.