Some observers have noted that China’s last amnesty was in the era of Chairman Mao Zedong, and have suggested that the move is another sign that current President Xi Jinping is becoming China’s most powerful leader since Mao, who died in 1976.
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The legislature said four categories of prisoners who were sentenced before January 1 and who did not pose a threat to society would be released.
Xinhua said China had previously granted prisoner-amnesty seven times since the establishment of PRC in 1949. One academic quoted by the official Global Times newspaper said numerous beneficiaries would be elderly prisoners who had fought for their country against the Japanese, or for the Communist Party in China’s civil war of the late 1940s, or in other later conflicts, such as the Korean War or China’s invasion of Vietnam in the late 1970s.
Felons convicted of violent crimes such as homicide, rape, terrorism or narcotics will not qualify.
Li Shishi, director of the Legal Affairs Committee under the Standing Committee of the National People’s Congress, was the one to announce the proposal. But those convicted of serious crimes, such as rape and homicide, are excluded, the draft states.
Inmates aged 75 or above and anyone unable to care for themselves due to physical disabilities would also be included, as would young people who committed crimes before they turned 18 and were sentenced to no more than three years behind bars.
The Standing Committee will make a final decision on whether to pass the draft on Saturday. If approved, it is up to intermediate people’s courts and high people’s courts to decide which prisoners qualify for amnesty.
“There’s leniency on the surface, but only a small number of prisoners will benefit”.
A social atmosphere of respecting the authority of the Constitution can be created. Minors whose prison term is less than a year would also be granted amnesty under the proposal. “It is also a vital move to enforce the principle of tempering justice with mercy under the Criminal Law”, he said.
“We can’t see any rationale for maintaining the Chinese government’s call for promoting the rule of law”, Poon said.
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The first category mentioned in the draft is prisoners who took part in the War of Resistance Against Japanese Aggression (1937-45) and the Chinese War of Liberation (1946-49) before committing their crimes.
