On The Retroactivity Of Limitation Of Prosecution In Criminal Law

"Criminal law" provisions of the fourth chapter the limitation system,from the nature,the system not only belongs to substantive norms,and adapted to procedural norms,should be suitable for the old and be given a lighter principles of criminal law.Whether limitation has a retrospective affect,and it must end to aging whether the premise condition,therefore,how to determine the termination time limitation is quite important.In our country,the limitation to stop system there are many unreasonable place,especially for sentencing range after the change,the question of whether a limitation with retrospective nor any judicial interpretation,therefore,it is necessary to improve the system of limitation of termination to effectively realize its value.This article includes four parts.The first part is briefly summarized the case facts and opinions,etc.First introduced the paper analysis the case-a man theft;Secondly this paper expounds the basic situation of case;Again,for the case summarized in this paper,the differences of opinion,which is to think of the case whether the crime had limitation,the three different kinds of opinions;Finally has become a focus of controversy is summarized in this case whether a crime involving the limitation of them has a retrospective affect,and the calculation of retrospective,the application of the limitation,etc.The second part is analysed.About a theft of the theoretical analysis of limitation involved,first discusses the concept of limitation and legislative value;Secondly discusses the limitation of attribute,the dual attributes on both entity and procedure;The third is the limitation of the time limit;The calculation of the fourth is the starting and ending time limitation;Fifth,limitation,retrospective principle and applicable on justice,including the principle and scope of application of the retrospective,the limitation caused by legal changes caused by the application of the retrospective and judicial interpretation limitation of retrospective elaborates the four aspects,such as suitable for use.The third part is the conclusion of the case analysis.Combined with the second part of the legal theory analysis,applied to the case facts,whether to exceed the limitation to one of the crime analysis,draw the conclusion: a man of theft has limitation.The fourth part is the study of revelation and advice.China's criminal law onlyspecifies the start time of limitation,not clear its end time.This legislation mode,objectively caused the applicable limitation retrospective issues in the judicial practice of confusion.Therefore,in order to prevent the applicable ambiguity in the judicial practice,you must specify the termination time limitation.At the same time,this paper puts forward in criminal judicial interpretation,make clear a regulation when legal sentence changes cause the corresponding limitation also changes,should be based on the principle of from the old and be given a lighter choice limitation shall apply.Concrete can be attached after the article 89 of criminal law stipulated in article1: "before the investigation organ initiate an investigation,as a result of legal sentence change limitation changes,then apply the limitation in favour of person."...