论中国赦免制度的法典化

河北省政法委颁布“大赦民企原罪”的《决定》引起了社会各界的广泛关注,社会各界对其合理性作出了褒贬不一的评论。本文认为赦免应当依法而行,我国赦免实践的无序,源于赦免制度的缺失。作者从现代赦免制度的特征谈起,评析我国赦免制度之不足,提出赦免制度法典化的建议,并对中国赦免制度的适用范围、原则、程序、效力进行了初步的构想。

On Codification of China's Institution of Remission

The Decision on “the Remission of the Sin of Individual Enterprises”promulgated by the Hebei Provincial Politics-legal Committee caused a wide spread debate from every wide of our society some of which either highly praised its reasonableness or came up with criticism. However, the article beholds that remission should be issued according to law and that the existence of disorder remission in China lies in the imperfection or absence of the remission institution. The authors start with the remission institution and its nature making a comment on the imperfect aspects of the remission institution and then propose that the remission institution in China should be codified, the authors also concern up with their speculative suggestion over the extent: principle, procedure and effect concerning the remission of China.