Change The Criminal Law And Criminal Adjudged Force

The Criminal Law provides that crime, the criminal and penal laws, according to the national judicial organs for criminal penalties referees and the implementation of the basis. Like the Criminal Code and other laws, but also continue to develop and improve. Criminal Adjudged Force refers to a set of final judgments in the judge's effectiveness. Final judgment in the judgment is made in accordance with national jurisdiction, the state jurisdiction is Criminal Adjudged Force arising under, in accordance with the entry into force of the criminal law to make referees a stable force of law to safeguard the legal authority and the stability of the social order perspective, except for legal reasons, are not allowed to randomly change. Changes to the Criminal Code judgment has been issued, even penalty cases has begun implementation of the Criminal Adjudged Force will have an impact? In this regard, the position of various state laws vary, there are also theoretical circles the retrospective effect and the new law in the judgment has been entered into force in the relevant principles of the new law Retroactivity in has been less than effective verdict separatist principles and the principle of eclecticism three different points of view. According to Article 12 of China's Criminal Law stipulates that can know in our country on the issue of Criminal Adjudged Force is the principle of separation.Based on the theoretical study of criminal Adjudged Force, to weigh the value of the different methods on the principles of Criminal Adjudged Force legal analysis, and reference to foreign and other related issues in the legislative cases. The author believes that the relevant principles of perspective, in line with the principle of legality requirements of the times, with retrospective effect from the old principles and the value of a lighter meaning of the penal code of justice, Modesty and humanity, but there are precedents in many countries. In theory, China's criminal legislation should abandon the separatist principle, the principle of using correlation. However, in actual operation, in view of China's legal system status, and advocates criminal legislation adopted on the principle of eclecticism, balance the interests of the protection and effectiveness of the judgment for stability, and promoting the Penal Code for maintaining social order and protection of human rights dual function can be achieved.