在构建社会主义和谐社会、坚持依法治国与以德治国相结合之大背景下,借纪念中国人民抗日战争暨世界反法西斯战争胜利70周年之契机,依法特赦,既符合中国当前国家治理的实际,也符合世界特赦趋势。它与历史上人治背景下的赦免有根本区别,在本质上属于法治。我国重启特赦,凸显依宪治国、依宪执政的理念,有利于树立宪法权威,彰显法治的实质正义和程序价值,能推动赦免制度的完善。特赦作为宪法规范,具有内在的道德即对于人的理解与尊重,从而能发挥其德治功能,鼓励犯人改过自新,并对全社会具有感召作用,有利于弘扬新型社会主义德治观。依法特赦是法治与德治完美结合的实践,在全面推进依法治国进程中具有里程碑意义。 Under the backdrop of building a socialist harmonious society and combining the rule of law with the rule of virtue and by commemorating the 70th anniversary of the victory of the Chinese People’s War of Resistance Against Japanese Aggression and the world anti-fascist war, the amnesty according to law not only accords with the reality of current state administration in China, Also in line with the world’s amnesty trend. It is fundamentally different from the pardon in the history of the rule of man and belongs to the rule of law. The resumption of the pardon in our country highlights the concept of governing the country according to the constitution and the rule of the country according to the constitution. It is conducive to establishing the constitutional authority, demonstrating the substantive justice and procedural value of the rule of law, and promoting the improvement of the pardon system. As a constitutional norm, the amnesty has inherent morals, that is, human understanding and respect, so that it can exert its moral governing function, encourage prisoners to reform themselves, and play an inductive role for the whole society, which is conducive to promoting the new socialist outlook on morality. The law-based amnesty is the perfect combination of the rule of law and the rule of virtue, a milestone in the comprehensive promotion of governing the country according to law.