关键词: 特别程序免罪机制; 程序裁量机制; 利益衡平

Abstract: In the case of Yang Fengshen's illegal manufacture of explosives， the handling of the exemption from punishment is an error in the application of the law and the handling of the conviction is also improper. China's existing substantive law system of exoneration and procedural immunity mechanism focuses on the balance of policy and neglects the consideration of individual justice between crime and non-crime. The remedy of special procedures becomes the last resort when this shortcoming cannot be resolved by exhausting substantive law resources and existing procedural exoneration mechanisms. It is necessary to construct a special procedure exoneration mechanism in China by extending the mechanism of procedural exoneration， and correct the judicial conservatism by the procedural discretion controlled by the high-level judiciary. The inherent consistency of the principle of a legally prescribed punishment for a specified crime in the protection of human rights makes it constructive. The construction of the exoneration mechanism for special procedures makes up for the ineffective operation of the exoneration mechanism for general procedures. It forms the dynamic balance between the judicial restriction and the legislative expansion， realizes the unification of the class case balance and the individual case balance， provides the smoother channel of the crime， and promotes the new growth of the law.

Key words: special procedures impunity mechanism; procedural discretion mechanism; balance of interests