2008年2月25日星期一

Beijing the Olympic Games is former, if government opens the door of special pardon

Beijing the Olympic

Recently," southLiu Ren2008, whether become" article(< xml:namespace prefix=st1 ns="urn:schemas-microsoft-com:office:smarttags"/>< chsdate w:st=on isrocdate=False islunardate=False day=13 month=12 year=2007>2007-12-13< chsdate/>" south weekend").< personname w:st=on productid=鍒樹粊鏂?Liu< personname/>Mr isThe law of Chinese Academy of Social SciencesIn important holiday or happy time of country, for part, criminal carries out amnesty or special pardon , is the popular practice of a lot of world countries. Utilize properly to remit system , may regulate role from the political climate of country , condense popular feeling , is for the severe punishment of special period and some convict to sentence punishment take mitigation to take affect , it is helpful to remedy the deficiency of legal rigidity. For instance, last century70In times, America has carried out amnesty, for the deserter during war and the prisoner that escapes to perform military service after Vietnam War finishes , because government realizes , for escape a is been by proof wrongly the person of war, still let it be tortured continuously in prison to punish punishment , is not suitable, but these persons sentence in accordance with law at that time , then can be now only released from prison in advance through amnesty. Again if, South Korean the president Kim Dae-jung when< chsdate w:st=on isrocdate=False islunardate=False day=30 month=12 year=1999>1999Year12Month30Day< chsdate/>Promulgate 'Qian Nian Te She Ling', thousands

Is other< personname w:st=on productid=鍒?Liu< personname/>Mr has still quoted President of the Supreme People's Court specially in article , Chief Justice Xiao Yang when the nation-wide program office volume of philosophy and other social sciences hair first phase about criminal policy " accomplishment wants newspaper " go up written instruction: " I agree completely( this accomplishment) as remit the research of system. It is a major measure of policy considerations of country to remit , it is also the important embodiment of social civilized progress. The current constitution of our country is67Strip80Strip makes stipulation1975Since annual last30In many years, our country has not carried out special pardon again, , , now, the people of the whole country of the whole Party are jumping into in the role that founds the great practice of socialist harmonious society and plays the system of special pardon fully , enhance people's built-in solidarity for construction harmonious steady social environment , will surely produce good huge influence. "

2008In year, it30Anniversary during; It is also that BeijingCertainly already

Reading the person of law to know that remit have " amnesty" and "special pardon" minute. In which, "amnesty" also has " exempt from punishment " and " exempt crime " minute, " exempt crime " is equivalent to " is innocent". "special pardon" exempts from punishment unavoidably crime. : Crime is still had , do not believe since remiting to have no crime. Is in China1949YearHave carried out special pardon1975In year, those objects are some criminals30Anniversary, resort to it as when

< personname w:st=on productid=鍒?Liu< personname/>Mr's is this to suggest , on subjective, feel that is good , can at least let part have completed ideological transformation , the prisoner that unclothes fetus to change bone returns into society again, can do not get restriction land speak with person to exchange , go up the life of normal person. However, since is objective to see , seemingly have no ample reason. The Olympic Games is historical for more than 100 years, closing down because of world war to fall have record, special pardon has no precedent. All phenomenons show: It seemingly has insufficient time. Common saying says: Fire is meshed to pig head. Fire does not arrive do not talk.

See law door as a whole , our law is always to be nearly impossible to remove feelings and power factor disturb , this is the fact that not competed. Our court holds high politics , closelies follow politics constantly. In "Strike-Hard", all against the wind Chu law person, government department meeting next instruction and pressure, severe since will soon handle these cases from weight. Name Yue: Common people Fen. However, once "Strike-Hard" afterwards some years, these criminals in custody that have been closed still in prison will feel that it is too heavy to be tortured originally, mind is disobeied. What court acts on is just , cause light case weight if judge is brought out by various outside reasons to sentence , how to should that again manage ( this kind of example not have no )? Still have , for those go to the poor, ignorant, penniless person of criminal road because of suffering hunger and cold , throwing them enter big jail, is to accept ideological transformation moreover, on name, behave again, is this worth for us to review? To know criminal to be wrong , it is hard to avoid. French writer rain fruit a sentence that has said in" miserable world" the words that go to position very: "Make a mistake as far as possible less, this is the criterion of person; Do not make a mistake , that is the dream of angel. Everything between mortal life makes a mistake unavoidably. Mistake just like a kind of suction of the earth's core."( see " miserable[ 1 ] P18).

If government special pardon, so become for more these a false steps eternal hate prisoner is most suitable however object. There is culture among them or have no culture , have had position or have no position , always live in social bottom, they go to jail because of different criminal record. Some young persons give birth since malnutrition is early gray hair; The still some experienced persons that are married , the old old women of own quilt or husbands abandon , child or parents do not accept and break off exchange. Their heart does not be died too. They have commited crime really, but they at the same time again is been injured by a group , groan , nobody gazes at and observation , suffering the alive soul between world. Before this as the gun that American campus occurs attacks case, have died the persons more than 30. School side has erected 30 few pieces of stele. Finally, a stele is that suicide person ( that student of South Korea who makes this murder case ). Vertical stele guards soul, pastor says: " he also has soul, only is one is injured soul. "

I think , special pardon should not include those subside because of corruption to commit a crime the government officials of mud pit. " a huge sum of property source is unclear" crime have made many should be investigated and valuedSentenceIt is lightSentence reason. This crime has replaced other such as accept bribes crime, corruption crime and illegal possession crime, as well as backstage right money the various crimes such as trade and right color trade expose further. Had been checked out originally judgment before do not become proportion with the case that criminal has not been really checked out after, little is big, againSpecial pardon, it is stale

This, is2008In year, Beijing the Olympic Games is former,I still think , courtItAttitudeSpecialIt is important to come. Will especially stop

< chsdate w:st=on isrocdate=False islunardate=False day=21 month=12 year=2007>2007-12-21< chsdate/>Morning

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