The Retroactivity Of Criminal Law

This paper consists of introduction, text and conclusion three parts.The introduction part, briefly elaborate theoretical foundation of this paper--Based on the frequent amendments of Criminal Law and judicial interpretation that produce a new law change and any other problems.The next part is the main body of this paper, it includes three parts.The first part discusses the foundational position of the retroactive effect In accordance with the statutory principle, and draw lessons from the common law system that" overthrow" theory to explain the essence of retroactivity. This part focuses on the retroactivity of judicial interpretation of criminal law, aunch for the difference between synchronous application and distinction applies. Entering into the backwardness of legislation, the author agrees with the synchronous application of correction.The second part probe into the retroactive effect of cross-law. Using the way of enumeration, with emphasis on continuous committed, continuous crime, cumulative offence, crime of times and common crime that involving the retroactivity. "Cross law crime" in criminal law theory is a unique concept, refers to the crime began in law before its entry into force, and ended after it. This paper adopts the adhere to the principle of legality in the retroactivity of the principle of application of the old law with the exception of a less punishment in the new law, according to the different behavior characteristics further distinction. The latter includes, continuous committed about property set and cumulative offence using piecewise processing mode; crime of times, to distinguish new charges and decomposition charges prescribed respectively, the new law on the prior to the effective date of the multiple actions have retroactive effect; for the common crime of successive complicity, the author agrees with only participates in the behavior after will establishment of accomplice.So before and after the new criminal law applicable to behavior.The third part cuts into by the issue of the force of matter adjudged and retroactivity, discusses the current criminal law on the legislative defects of retroactivity. Twelfth article of current "criminal law" is about the limitation of prosecution,its method separates the criminal law integrity, in the results caused by the defects of retroactivity. We puts in hierarchical application framework, insist the principle of application of the old law with the exception of a less punishment in the new law to be found for the accused in order to calculate the limitation of prosecution. On the adjudged force principle, this paper use the views of the new criminal law, which is a valid judgment behavior, the new criminal law has a retroactive effect, but this effect needs to be restricted, not retroactive all effective judgment, whereas only" on the new law is no longer considered to be a crime, will be terminated".In conclusion, we briefly generalize the theory of retroactive effect base on all the above discussions in this paper.