新中国成立70周年特赦的传统法文化解析

Analysis of the Traditional Legal Culture Underlining the Amnesty for the 70th Anniversary of the Founding of PRC

为庆祝中华人民共和国成立70周年,我国实行了中华人民共和国成立以来的第九次特赦。与以往特赦相比较,这次特赦的服刑罪犯范围扩大到了九种,在特赦时机和特赦对象的选定上显现了中国传统法文化的影响。中华法系中的恩赦制度具有宥免刑事处罚、彰显仁恩德政以及贯彻国家统治政策等多重功能。中华人民共和国成立70周年特赦以宪法为治国理政的根本规范,尊重和保护人民的基本权利,体现了与民更始、原情议刑、恤刑减罚、赃罪不原等传统法的制度特征。此次特赦显现了德治这一传统法文化内核,充分展示了德法共治原则下我国在全面深化改革关键时期的法文化坚守与制度自信。

To celebrate the 70 th anniversary of the founding of the People Republic of China, China has implemented the ninth special amnesty since 1949. Compared with the previous amnesty cases, the scope of criminals for the current amnesty has been extended to nine, and the influence of Chinese traditional legal culture has been revealed in the selection of timing and scope. The elements of amnesty and grace in the Chinese legal system have multiple functions, such as pardoning from criminal punishment, demonstrating the virtues of the government, and implementing the state’s ruling policy. The amnesty for the 70 th anniversary of the founding of the People’s Republic of China is based on the Constitution as the fundamental norm for governing the country, respecting and protecting the basic rights of the people, and embodying the institutional characteristics of traditional legal culture, such as the ruling for the people, sentencing based on facts, reducing punishment on rational basis, and leaving no crime unpunished. This amnesty shows the rule of virtue as the core of the traditional legal culture, and fully demonstrates the legal culture persistence and institutional confidence of China in the period of comprehensive deepening of reform following the principle of governance based on virtue and law.