A Study On Retroactivity Of Law

Retrospective force of law is a basic theoretical issue of law, and it is also an important aspect of time validity of law. Retrospective force of law not only concerns the resolution of conflicts between old laws and new laws when laws are amended, which is helpful for us to apply the law correctly and to settle disputes, but more importantly it is related to the tropism of the values of law, which is of great theoretical and practical significance to the study of retrospective force of law.In this chapter, the author analyzes current situation of legislation on retrospective force of law. For the problems existing in review of constitutionality on the retroactive legislation, the author has pointed out only by improving the system for retrospective force of law, including the system for legislation and review of legislation can we push forward the process of the rule of law in China. In China, legislation blank caused by the present inadequate legal provisions on the retrospective force of law, in practice, is covered by judicial interpretation, which often makes the law retroactive. There are some retroactive provisions in local legislation. China has so far established the system of legality review on the retroactive laws and regulations, but still lacks a system of review of constitutionality, leading to inadequacy in the reviews.To improve the system for retroactive force of law, first of all, it is necessary to write the “principle of non-retroactivity of law” into the Constitution to make it a constitutional principle and the rule of law. At the same time it is also necessary to improve the provisions of retrospective force in single laws of different branch laws. Especially more detailed provisions are needed covering retroactivity of the civil law, to change the practice of provisions in the form of judicial interpretation. Besides, it is necessary to improve the system for the review of legality on retroactive legislation and incorporate the law into the review of constitutionality. The National People’s Congress Standing Committee should enhance the review of constitutionality within the system, including the review of retroactive legislation, the improvement of review procedures on legislation and the clear results of the review.The main contributions of this thesis is that, on the basis of approving the position of non-retroactivity of law in Constitution and rule of law, the author has put forward the principles that should be followed when exceptionally making the retroactive laws. Moreover, the author has given limits to retroactivity according to different branches of law.