What does "Amnesty" mean in immigration?

Amnesty is a kind of pardon, which refers to the system that the head of state or the highest organ of state power pardons all criminals within a certain range. Amnesty is very effective It not only exempts the execution of punishment, but also eliminates crime. After the Amnesty, the criminal responsibility of the person will be completely eliminated. Those who have not been prosecuted shall not be prosecuted; If the case has been prosecuted, the prosecution shall be revoked; People who have suffered and been sentenced should be declared invalid.

Ancient feudal emperors in China often pardoned prisoners in the name of kindness. For example, when the emperor ascended the throne, changed his country name, established a queen, established a prince, and so on, pardons were often issued.

Amnesty in modern countries is different from that in ancient China, not because of grace, but because of national criminal policy. Amnesty has the widest scope of application, which can be applied to anyone who commits a certain crime within a certain period of time, and is not limited to specific people. Amnesty is also the most effective, not only exempting the execution of punishment, but also fundamentally eliminating the crime and punishment. Anyone pardoned has no criminal record. Since Amnesty is a major action of the state, it is usually announced by the head of state or the highest authority of the state in the form of an order, not decided by the judicial organs.

In 1954, People's Republic of China (PRC) stipulated Amnesty and Amnesty in its Constitution, and handed over the decision on Amnesty to the National People's Congress. The decision on amnesty was given to the National People's Congress Standing Committee (NPCSC), and the amnesty decree and amnesty decree were issued by the President. 1975 and 1978, the current Constitution of People's Republic of China (PRC) only contains amnesty provisions, which shows that China has abolished the amnesty system. According to Articles 67 and 80 of the current Constitution of China, amnesty is decided by the NPC Standing Committee (the Standing Committee of the National People's Congress) and promulgated by the President.

The difference between Amnesty and Amnesty

Amnesty pardons crimes and punishments, and Amnesty only pardons the punishments of specific people.

Amnesty can exempt the execution of punishment and criminal prosecution; Amnesty can only exempt the execution of punishment, not criminal prosecution.

Amnesty can eliminate the criminal's crime legally, and Amnesty can only eliminate his punishment, but not his crime.

The Amnesty decree should specify the types and scope of pardoned crimes, and all criminals who belong to pardoned crimes should be pardoned, without specifying the object of pardon. The Amnesty decree should specify the list of people who have been pardoned.