The death penalty is a hot issue on which the criminal law circles and the publichave concerned in a long term. However, on the penal theory research, little attentionis paid on the amnesty issue. In fact, the pardon, as one kind of the punishmentannihilation system, can prevent the execution of the death sentence prior to the actualmeasurement of penalty after sentencing, that is to say, the cross of restriction of thedeath penalty which is a criminal policy and the amnesty system which is a part of thepen...