我国赦免制度的激活与完善——基于限制死刑的思考

限制、废除死刑已成为国际社会刑法制度改革的趋势,在我国目前废除死刑的时机不成熟的情况下,严格限制死刑应是理性的选择。赦免以其特有的刑事政策功能对于限制死刑的适用具有不可忽视的价值;激活并完善我国赦免制度对于我国死刑的限制有着重要意义。我们应当依据国际人权公约完善赦免制度,其内容包括完善立法体例、赦免程序、赦免对象、赦免条件等方面。

On the Activation and Perfection of the Pardon System in China:Based on the thinking of limitation on the death penalty

Limiting or abolishing the death penalty has been the tendency of the reform of criminal law in the international society. However, death penalty can't be abolished in China for the moment. So, strictly limiting the death penalty is the reasonable choice for China. Having the unique function of criminal policy, pardon is valuable to the limitation of death penalty. Activating and perfecting our pardon system is vital in limiting the death penalty. We should abide by the international treaties of human rights in perfecting our pardon system. There are lots of things for us to do in perfecting the pardon system, such as its system of legislation, its procedure, its object, its condition, and so on.