宽赦是国家法治建设的重要内容。然而,目前学术界对该基本问题的研究甚少。宽赦理念在政治化与法律化过程中体现出法律对宽赦的理性选择。宽赦不仅存在于传统的刑事司法领域,民事宽赦、行政宽赦也是应当的领域,蕴含了惩罚的确定性、利害关系人支持系统等诉求。宽赦不仅具备制度化的合理性基础,也具备实践化的合法性基础。 Amnesty is an important part of the country’s rule of law. However, there is little research on this basic problem in academia at present. The concept of leniency for pardon reflects the rational choice of law for leniency in the process of politicization and legalization. Amnesty not only exists in the traditional field of criminal justice, but it is also an area where amnesty should be forgiven and amnesty for administrative purposes, which includes the certainty of punishments and the demands of stakeholders’ support systems. Amnesty not only has the institutional basis of rationality, but also has the practical basis of legitimacy.