Research On Retroactivity Of Criminal Law Amendment

Criminal law amendment is a normative document formulated by the criminal legislature to amend a provision or some provisions of the criminal code.The amendment of criminal law through the revision of the general provisions,including reducing the punishment of perpetrators,increasing the punishment of perpetrators,procedural provisions and the creation of a new system;The revision of the sub-rules includes adding new crime,increasing penalty,reducing the standard of constitutive requirements of criminal act,expanding the scope of subject,reducing penalty,creating new system and technical adjustment to revise the criminal code.After the entry into force of the criminal law amendment,the principle of " from the old to the lighter" cannot be applied in a general way,but whether the amendment should have retroactive effect should be judged after the amendment is typed.The criminal law refers to the law from the beginning of the criminal act to the end of the act.the criminal act and the sentencing act can judge the retroactivity respectively.When the old and new criminal law " lighter judgment",there exist between the general provisions of the old and new criminal law and the sub provisions,sub provisions exist in favor of the offender clause and not conducive to the offender clause cross each other,should be " respectively applicable" in the old and new criminal law in favor of the offender clause.The retroactive effect of security measures shall be based on whether deprivation of personal freedom as the standard,involving deprivation of personal freedom of security measures do not have retroactive effect,does not involve deprivation of personal freedom of security measures(prohibition system,prohibition system),not subject to the principle of retroactivity of criminal law.The system of life imprisonment is an alternative to the immediate execution of the death penalty,which should have retroactive effect according to the principle of " from the old to the lighter".Community correction is only the reform of the implementation of criminal law,which does not increase the legal liability of the actors in community correction,and should be applied to the judgment time law.Concerning the revision of the technical adjustment law,the procedural provisions do not involve retroactivity,the abstract provisions should be combined with the judicial interpretation and provincial standards that have a direct impact on judicial practice,to judge the weight of the old and new laws,and ultimatelydetermine whether the new law has retroactivity.