The act of a sovereign, based on his two great powers of reward and punishment, to ease the sentences of convicted and unconvicted prisoners and to give compensation to filial children and virtuous wives. It was inherited from China after the Taika Reforms, and its number gradually increased until the end of the Heian period. There were three types of pardons: ordinary pardons, general pardons, and extraordinary pardons, and they differed in the range of crimes they pardoned. There were also pardons called "indirect pardons" that applied only to a part of the territory, and "special pardons" that targeted only specific people. From the Kamakura period onwards, pardons were also issued by the shogunate, and during the Muromachi period, there were even shugo who issued pardon orders within their territories. In the Edo period, pardons were in principle issued by the shogunate, and as a standard, the 33 articles of the Pardon Law were established during the Bunkyu period (1861-64). (→ Pardon ) Source: Encyclopaedia Britannica Concise Encyclopedia About Encyclopaedia Britannica Concise Encyclopedia Information |
統治権者が,賞罰2大権に基づいて,既決,未決の囚の刑をゆるめ,孝子,節婦などに恩償を与える行為。大化改新以降中国から継受され,平安末期にいたるまで,次第にその数を増した。赦には,常赦,大赦,非常赦の3種があり,その許す犯罪の範囲を異にした。また曲赦と称し,領域内の一部のみに適用されるもの,特赦と称し,特定人のみを対象とするものなどもあった。鎌倉期以降,赦は,幕府からも出され,室町の頃には,守護にして,その領域内に赦令を発するものも現れた。江戸期にいたって,赦は原則として,幕府より出されるものとなり,その基準として,文久年間 (1861~64) には赦律 33条が定められた。 (→恩赦 )
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