Abstract
This article sorts out different types of pardons and commutations collected from the bulletins released by the R.O.C. governments during the Nanking and Taipei periods that demonstrate a marked traditionalism. These include three cases in which the principle of “avenging a father’s death” was taken into consideration (Zheng Jicheng 鄭繼成 [1933], Shi Jianqiao 施劍 翹 [1936] and Yang Weiqian 楊維騫 [1943]); one that invoked the principle of “exemption due to inheritance of officialdom’s privileges” (Huang Xiaoxian 黃效先 [1957]); and one that turned on the principle of “sparing a remaining descendant to support the parents” (cunliu yangqin 存留養親) (Yang Yucheng 楊玉城 [1970]).
These cases show a strong contrast with cases judged on principles of modern jurisprudence received from Europe. They were based on traditional concepts such as the Confucian ideal of filial piety and a status-based social order, which contradict the values of the modern jurisprudence derived from Western law. Apart from that, it is equally intriguing to see how in those particular cases the regime manipulated the gaps between these two value systems to achieve its own political agenda.
Keywords
amnesty, pardon, commutation, Chinese traditional law, revenge, inheritance of officialdom’s privileges, sparing a remaining descendant for parents (cunliu yangqin)
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