Amnesty · Pardon: An Overview of International and Domestic Pardon Systems

Author: Guo Jinxia, Miao Mingyu
Publisher:
Publish Date: 2003-04-01
Features: Throughout history, both in China and abroad, amnesty has been an ancient yet ever-relevant topic. In the works of legal scholars in various countries, it has been discussed and elaborated upon, but until now, there has been no systematic treatise on the amnesty systems of China and other countries. This book approaches the subject from the perspective of studying the amnesty system, introducing the legislative and implementation aspects of ancient and modern amnesty in China, while also presenting representative amnesty systems from other countries around the world. It explores the similarities and differences between Chinese and foreign amnesty systems. In feudal society, the amnesties granted by emperors were often used to demonstrate "benevolence" and win the hearts of the people, with the ultimate goal of maintaining the rule of the feudal emperors. In modern times, the amnesties implemented by countries have been stipulated in constitutions, criminal laws, and specific amnesty laws as a criminal policy to absolve or mitigate the guilt and penalties of offenders. In summary, whether in ancient or modern times, China or abroad, the amnesty system has always been a means used by the ruling class to balance and regulate various relationships. As for the pros and cons of the amnesty system, legal scholars throughout history have held differing views. Some argue: "Amnesty is not a good policy and should not be used excessively." Others, however, believe that the amnesty system can play a regulatory role in social, political, economic, and national affairs. The amnesty system has endured for thousands of years and continues to function today, demonstrating its inherent value. Therefore, it is necessary to review the historical evolution of amnesty in China and other countries, scientifically and accurately analyze and summarize the strengths and weaknesses of the amnesty systems, with the hope of benefiting China's socialist rule of law.