The Retroactivity Of Law And Trust Protection

As the basic theory of jurisprudence, the retroactivity of law is an integral part of thethe scope of time effect of law. When the law changes, we have to consider the applicationof new or old laws which relates to the retroactivity of law. But the retroactivity of law notonly solves the problem that whether the new law has normalization to the legal factsbefore the commencement of law but also solves the problem of how to better protect thetrusted interests of the individuals. Stemming from the principle of trust protection inconcept of rule of law becomes the basic theory of non-retroactivity of law after the WorldWar II.Accordingly，the principle of non-retroactivity of law is in order to maintain thestability of the law itself and the legal order and to protect the trusted interests ofindividuals under the old legal order; Besides，for more comprehensive protection of thetrusted interests of individuals, the doctrine of non-retroactivity of law should run throughthe entire process of the rule of law instead of being applied as applicable legal principlesin the field of criminal law. However, in order to comply with the requirements of socialdevelopment and changes to the legal revolution and to achieve the substantive fairnessand justice, there are exceptions to the principle of non-retroactivity in law. Theseexceptions exist on the grounds of the principle of trust protection and the applicable rulesthereof. When the trust interests not existing, without harm to the trust interest and basedon the advantages of public interest, the retroactivity is allowed. But the retroactivity tothe past does not mean complete ignorance of the individual’s trust interest. In the case ofretroactivity applies, countries especially the legislatures should take more responsibility totake various measures to minimum the reduction to the trust interests.