Research On The Amnesty System

The Amnesty system has existed since ancient times.Although the amnesty system’s status in different periods of China is different in the legal system,it plays a unique positive role in highlighting benevolent government and stabilizing social order.The ninth amnesty in 2019 has achieved sound political and legal effects.This paper takes this opportunity to study the amnesty system,which is divided into four parts.The first part clarifies the meaning of amnesty,analyzes the meaning of amnesty,amnesty,immunity,and other related meanings,analyzes the historical evolution of the amnesty system,and analyzes its provisions and functions in different historical periods in China.The second part is to comment on the controversy over amnesty in academic circles.It mainly introduces and analyzes the disputes over the existence and abolition of the amnesty system,and the legislative model and attempts to discover the amnesty system’s problems and solutions from these disputes.The third part analyzes and compares the legislation and practice of the amnesty system at home and abroad.China’s amnesty has a long history,but after the founding of new China,China’s amnesty legislation is careless and lacks practical experience.Amnesty in other countries has its characteristics as well as commonness.Generally speaking,both civil law countries and common law countries have relatively perfect provisions on amnesty law.The fourth part,given our country’s amnesty system legislation question,proposes the pointed consummation suggestion.The amnesty system plays its unique positive role in the harmonious development of society.Simultaneously,there are still some problems,such as the single way of starting,the lack of review institutions,the lack of specific review conditions,the lack of legal provisions.Because of the different problems existing in the start,review,and implementation stages of amnesty,this paper puts forward its solutions.