The Criminal Law Is Retroactive Effect, A Number Of Issues For Study

The retroactivity of criminal law is an important element of the validity of criminal law.It,from the very beginning of its origin,has an indissoluble bond with the principle of nullum crimen sine lege,nulla ponea sina lege.Besides,the retroactivity of criminal law is the basic demand as well as the direct realization of the principle of nullum crimen sine lege,nulla ponea sina lege.Therefore,the principle of application of the invalidation with the exception of a less punishment in the validation obtains a widespread acknowledgement in the field of theory and practice because of its superority beyond comparison.The author as follows fouses on the specific application of that principle to carry out the further analysis.The key point throughout the analysis is original value of the principle.Just like text above,the principle of application of the old law with the exception of a less punishment in the new law have a close relationship with the principle of nullum crimen sine lege,nulla ponea sina lege in the aspect of basic thought and value,that is to say,the aim of them is to protect the hunman rights.In the addition,whether the direct goal of punishment and function of criminal law are realized is due to the judicial authority applyiny to the principle of retroactivity of criminal law correctly.The scope of the principle of application of the old law with the exception of a less punishment in the new law is premise of the whole test and the author defines it indirectly by way of discussing the exceptions of rules.Hereby,it merely suits to universal and substantive criminal law.With regard to the specific meaning of the article 12 in criminal law of china,the author points out that "this law" refers to the generalized criminal law,"law of that time" refers to the behavior criminal law and "thinking to be innocent" must be arppraised fundamentally.Most of all,we should not be satisfied with the level of sentence comparison.It is advisible for us to take into account the factors sufficient to affect offenders'severity of penalties. However,from the view of the changes of related legislative provisions and judicial interpretations,the principle has not been seriously implemented.AS a result,it is difficult to guarantee human rights.The author believes that the principle is not only the basic principles followed by judicial authority,but also by the legislature. Compared with foreign legislation,the legislative provision about the retroactivity of criminal law in china is still inadequate and far away from the word trent.In order to improve chinese criminal legislation,we should draw lessons from the experiences of foreign countries.According to article 12 of chinese criminal law,the middle law has no significance and the judgment coming into effect is absolute.The author believes that the existing legislation is contrary,to the spiritual essence of the principle of the retroactivity of criminal law,so the author upholds the necessarity of the middle law.What's moreⅠadvises to abandon the position of absolute non-retroactivity and adopt conditional retroactivity.Concerning problems associated with the retroactivity of criminal law,because the theoretical research on the question is not deep and the law is lack of related regulations,it is difficult for law officers to carry the law out.I put forward personal opinions on the base of the aim of the principle of application of the old law with the exception of a less punishment in the new law.Due to space constraints,the author plans to analyze the following three important issues connected to the principle,respectively,the research of the application of retroactivity on the limitation of prosecution;the reserch of the application of retroactivity on norms of non-penalty;the reserch of the application of retroactivity the continuous crime and continuing offence.