On Retroactivity Of Criminal Law

This dissertation primarily inquires into our nation's retroactive effect of criminal law, combining the internal and external theory and practice of the retroactive effect of criminal law.The first part begins the discussion in three aspects: the relationship between the definition of the retroactive effect of criminal law and the principles of the retroactive effect of criminal law and the principles of the retroactive effect of criminal law, the relationship between the doctrine of a legally prescribed punishment for a specified crime and the retroactive effect of criminal law, and the relationship between the values of criminal law and the retroactive effect of criminal law. First of all, it makes a general introduction to the retroactive effect of criminal law and to the four principles generally applied in most of the nations and areas all around the world. And it also discusses the application of the doctrine of observing old laws and new ones when with lighter punishment in the practice of our nation's criminal law. In the second place, it expounds the connotation of the doctrine of a legally prescribed of the doctrine of a legally prescribed punishment for a specified crime, and the series of derivative principles of this doctrine, and it also discusses the restrictions on the retroactive effect of criminal law which are from the principles and the derivative principles of the doctrine of a legally prescribed punishment for a specified crime. At last, it makes a introduction to the general theory of values of criminal law, and it also discusses the series of values of criminal law justice, finality and humanity, which restricts the retroactive effect of criminal as three major objects of values of criminal law, and farther ore it expounds the principle of benefiting actor the most and its application to the theory and practice of our nation'scriminal law.The second part discusses the relationship between the retroactive effect of criminal law and the relative criminal rules. First of all, it expounds the general theory of the blank criminal rules and its restriction on the retroactive effect of criminal law. In the second place, it introduces the general theory of special criminal rules briefly, and it also discusses the restriction on the retroactive effect of criminal law which is from special criminal law and from accessory criminal law. At last, it introduces the general theory of interpretation to criminal law and it also discusses the restriction on the retroactive effect of criminal law which legislative interpretation to criminal law and judicial interpretation to criminal law.The third part expounds the relationship between the retroactive effect of criminal law and the patterns of quantity of crime. It introduces briefly the general theory of three special patterns of quantity of crime, continuous crime, continuing crime and implicated crime. It also expounds separately the restrictions on the retroactive effect of criminal law which are from that three patterns of quantity of crime.The forth part discusses the relationship between modification of law. and the retroactive effect of criminal law . It introduces the definition of modification of law, the varieties of modification of law and the causes of modification of law. And it also discusses the restriction on the retroactive effect of criminal law which is from modification of law and the influence on the effective judgments and orders and the executive processes of criminal law which is from modification of law.