生殺與奪：百年民國赦免的表達與實踐

It is an in-built authority of the Imperial Chinese court to declare a ‘universal pardon ‘for itssubjects. However, after the republic government transplanted the modern western legal system as consisting in state laws within constitutional order into post-revolution China, the western pardon was thus exercised under the administration before WWII in China and after WWII in Taiwan for a century. The practices of pardon display different features under the ROC government overlapping Sino-Western knowledge backgrounds throughout martial and post martial period. Most previous studies about pardon pointed at its meaning in the separation of powers while focused on its intervention in justice as an exceptional power. Some studies further examined the issues referring to the penalties assuming the legal function was hindered. Above studies short of an overview perspective but only tapping the brief reports from the legislative institutions. This study will employee diverse governmental sources opened to the public, e.g. the archives, announcements and media observations to sort out the different patterns. These patterns included the pardon for celebration, the pardon in cultural history and the pardon for extraordinary case. Further, this study will attempt to encode the state-imagination when a series of power-holders/ presidents exercised it in different historical phases while to disclose the exercise and evolution of state-power. It will also analyze the difference between its expression and practice in order to reveal its significance within the order of state- law.