On The Legislation Improvement Of The Paragraph 2 Of Article 12 In China's Criminal Code

Paragraph 2 of Article 12 of the Criminal Law is the provision about the relationship of retroactivity and res judicata, but this article whether in assumptions or results in application have some shortcomings.Studying and comparing the assumptions in this article: first, improve setting form and make appropriate restriction for res judicata principle of criminal law; secondly, perfect applicable objects and increase some res judicata as the object of retrospective; thirdly, perfect applicable circumstances and put law changes and fact changes profitable for the offenders into retrospective cases of criminal law. Studying and comparing legal consequences: first, perfect legal consequences form to make more in line with the requirements of general principles of criminal law; secondly, perfect the content of legal consequences and reduce remaining punishment for some res judicata correspondingly.Based on the perfect idea about the assumptions and legal consequences of this article, the wonderful suggestion is given: the effective judgments that were made according to the laws at that time before the implementation of this law will continue to be in force. But in penal execution period, new laws or fact appears that their behavior is no longer a crime or lighter event shall, in accordance with the provisions of the criminal corresponding to reduced or remitted remaining punishment...