Job Recruitment Website - Immigration policy - Is it possible for the United States to grant amnesty in the past two years? Ask god for help
Is it possible for the United States to grant amnesty in the past two years? Ask god for help
[1.(5. Terms of reference of the President of the United States)] 4. The right of pardon is an important exclusive right of the president of the United States, which is not subject to interference or restriction by any institution. The right of pardon applies to those convicted in the judgments of all courts in the United States. Kutcher: There are two kinds of pardons: general pardon and special pardon. General pardon is also called Amnesty, and no specific object is specified. The object of pardon is crime and punishment, so it can be done before and after the judgment. Amnesty, also known as Amnesty, must specify a certain object, and the object of pardon is punishment, so it can only be carried out after the crime is declared and the punishment is imposed. China's Constitution only provides amnesty, not amnesty. The right of pardon of the president of the United States generally refers to the right of pardon, but there are also some characteristics of Amnesty in practice: Watergate forced Nixon to step down, and the successor president Ford pardoned Nixon's "all crimes that have been committed and may be committed." This behavior was imitated by Russian President Vladimir Putin: after Ye Lv Qin stepped down early, Putin announced that he would pardon "all the crimes he has committed and may be involved in". This point was once accused by zyuganov of being unconstitutional, but it was later dropped. On the last day of his term, President Clinton signed 14 1 pardon (14 1 copy, no mistake). [2.(7) Pardon right] The pardon right of the head of state means that the head of state has the right to order pardon of crimes and pardon convicted criminals or reduce their punishment. There are usually two kinds of pardons: Amnesty refers to the pardon of crimes, which can be implemented after the judgment of judicial organs and exempted from execution of punishment; It can also be executed before the judgment of the judicial organ, and it is exempted from criminal investigation. Moreover, Amnesty can make the criminal's criminal behavior legally eliminated, so that he has no criminal record after being pardoned. The difference between Amnesty and Amnesty is that Amnesty refers to pardoning a specific person, and he can only be exempted from executing the penalty after the court decision is confirmed, so he can only eliminate the penalty, but not his crime. Some countries generally call it the right of pardon, and there is no strict distinction between Amnesty and Amnesty. In fact, the right of pardon in various countries is rarely used, and only under special circumstances, such as civil strife in a certain country, will the ruling class announce a large number of pardons out of policy or human considerations. China 1954 Constitution once stipulated amnesty and amnesty, but there was no amnesty. In the future, the Constitution only provides for amnesty, and no longer provides for amnesty. The provisions on the right of pardon of heads of state vary greatly from country to country. Some countries stipulate that pardon must be approved by parliament; Some countries stipulate that impeachment is unforgivable. The reason why the legislature convicts senior government officials through impeachment is exceptional, and the head of state cannot be pardoned. This is to prevent the head of state from favoring senior administrative officials. Some countries stipulate that treason is not within the scope of pardon, because treason directly violates social order and undermines social peace. Of course, different countries have different constitutional provisions, which are determined by specific national conditions. The president of the United States has great power of pardon, which can be used after conviction without the consent of Congress. It can also be used before conviction, which usually includes the power to waive fines, confiscation, probation and commutation, even impeachment and treason. 1On September 8, 974, Ford announced that Nixon was pardoned for "all crimes against the United States that he committed or may commit or participate in during his presidency", which is an example. As early as 1787, there was a strong argument that the president could not pardon impeachment and treason, but it failed in the end. For the sake of their own interests, American rulers believe that the president's power of pardon is a flexible means, which can be used to remedy the "excessive" measures taken by the legislature or the judiciary when necessary, so that the ruling class can get the maximum benefit in this mutual restriction and balance. In real life, the pardon right of the head of state always meets the political needs and serves the specific purpose of the country. In ancient China, when the prince ascended the throne, he granted amnesty to the whole world, just to show the magnanimity of the new monarch and the peace of the times, so as to win people's hearts and benefit future rule. Times are different now, and the nature of the country and society has undergone a qualitative change. However, in modern countries, the right of pardon belongs to the head of state and is an indispensable power of the head of state, which is still a universal concept; In particular, it is still a common phenomenon to exercise the right of pardon in conjunction with major national festivals and celebrations. For example, on August 198 1, Algerian President Chadli signed an order to pardon a group of jihadists who were sentenced for violating the common law. The president's pardon was implemented on the eve of the 26th anniversary of Mujahideen Day. On this day 26 years ago, jihadists attacked the French colonial army in northern Constantine. From here, we can easily see the political significance of the Fuehrer's exercise of the right of pardon. In socialist countries, it is also common to use the pardon power of the head of state on holidays. For example, on August 20th, 198 1, on the eve of the 37th anniversary of Romanian liberation, ceausescu issued a presidential pardon, pardoning some criminals and reducing the sentences of some criminals. Montesquieu once thought that the right of pardon was the most necessary and useful power of a monarch. But he believes that in a Republic, the head of state should not have this power. After Montesquieu, some jurists constantly opposed that * * * and the head of state enjoyed the right of pardon. They adhere to the theory of "separation of powers" and argue that the right of pardon should never exist in democracy and the state. The reason is that people can't admit that any organ is higher than the judge who executes the law. However, those who insist on this view do not have the upper hand, and most scholars believe that the Fuehrer should have the right of pardon. Some people think that no judicial system in the world is impeccable, and it is impossible to ask the judiciary not to make the mistake of declaring innocence is guilty at all. One of the purposes of the right of pardon is to correct this mistake in case. Some people think that the Fuehrer's right of pardon is needed because the criminal law is too rigid, and it is impossible to fully foresee all the reasons and details of the crime when formulating the criminal law, so when the court makes a wrong judgment, it can get relief. There is some truth in this statement. Of course, as mentioned above, from the perspective of policy, humanitarianism and more important political influence, it is enough to show that the pardon right of the head of state should really exist reasonably. As for some countries, the head of state is part of the highest organ of power or the head of state must issue pardon orders according to the decision of the highest organ of power, not to mention the problem of theoretically having higher power than the judicial organs. /xfx/ckwx/lwxy/b2/ch8/xcd.doc resources:
/public forum/Content/no 0 1/ 1/3 1888 . shhtml
- Related articles
- The historical origin of Lianjiang
- Can New Zealand handle administrative detention?
- What are the reasons for the refusal of Singapore's labor visa?
- How do I get a visa to take my children to travel to the UK?
- After death, can the pension insurance be taken out?
- Main business of Guangzhou Overseas Students Service Management Center
- Will it be difficult to apply for a visa in the United States, and is the refusal rate high?
- The majors that police schools apply for are different during their college years. Do you need to take math for the police joint exam?
- Why didn't the United States join the Commonwealth?
- How to be admitted to an Australian university?