论文部分内容阅读
大赦是古代帝王发明的一项治国之术,虽倍受争议,但由于其常常能取得有利于缓和社会矛盾、挽救危机和巩固皇权的显著效果,所以盛行于中外古代帝王统治时期两千多年而不辍。到了当代,大赦或相关的特赦经现代法治、宪政的改造又以新形式赓续下来,在当代中国和外国都有建制或实行。大赦作为一项超时代、跨国域的奇特制度,之所以有如此经久不衰的生命力,原因就在于,它蕴含着独特的价值与功能。现在是我们重识大赦的价值与功能的时候。
Although amusingly controversial, amnesty was a technique for governing the country invented by the ancient emperors, it prevailed in more than two thousand years during the reign of ancient Chinese and foreign kings because it often achieved remarkable results that were conducive to alleviating social conflicts, saving the crisis and consolidating the imperial power. And stop. With contemporary, amnesty or related amnesty through the modern rule of law, the constitutional reform has continued in a new form and has been established or practiced in both contemporary China and foreign countries. Amnesty as a peculiar system of transcendence and transnationalism has such an enduring vitality because it contains unique values and functions. Now is the time for us to get to know the value and function of amnesty.