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Special pardons reflect real spirit of rule of law: China Daily editorial

China Daily | Updated: 2019-07-01 20:34
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The order on special pardons President Xi Jinping signed and issued on Saturday ahead of the 70th anniversary of the founding of the People's Republic of China epitomizes the principle of governing the country with both the rule of law and virtue.

This is the ninth special amnesty the country has granted to prisoners who have committed light crimes on the occasion of important national events such as National Day celebrations.

It has been a practice since the Tang Dynasty (618-907). In 2015 when China celebrated the 70th anniversary of its victory against Japanese aggression, 31,527 prisoners were granted special pardons, which was of political and social significance to both minimizing the negative impact of crimes and the promotion of social and political stability.

The special pardons should not be and are not granted indiscriminately. Those prisoners who have made contributions to the war against Japanese aggression, to the founding of the New Republic, to the defending of the country's sovereignty and territorial integrity or to the advancement of the country's major projects receive pardons. So do those who used to be on active service and received first class merit citations or higher-level awards.

Their receiving of special pardons gives expression to the necessary leniency the rule of law should display on special national occasions, and will also give them an opportunity to reflect on and atone for the crimes they have committed with what they can do for their country after receiving the pardons.

Those convicted of intentional homicide, rape, robbery, kidnap, arson, spreading hazardous substances, trafficking in narcotic drugs, organized violence, and crimes of endangering national security and terrorism, as well as embezzlement or taking bribes are denied the special pardons. So are those who have been convicted as principal criminals or recidivists of other organized crimes.

This has reflected the severity of the rule of law that must be retained for the maintenance of social stability and interest of the general public. Seriousness and strictness can never be overestimated in assessing whether such pardons are given to those who indeed pose no threat to social security and stability.

Strict legal procedures must be followed in doing the work so that the people's courts and procuratorates at all levels function as they should to make sure that pardons are given to those who deserve them. The granting of special pardons must be done with as great care and caution as possible. And the principle of fairness must be upheld in the assessment of whether particular prisoners should be pardoned.

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