Discussion On The Time Effect Of Criminal Judicial Interpretation

The time validity of criminal justice interpretation mainly includes three aspects:effective time,expiration time and retrospective effect.Before discussing these three issues,it is necessary to consider whether the criminal justice interpretation has independent time validity.This article believes that the time effect of criminal justice interpretation is relatively independent and dependent.The effective time of criminal justice interpretation is relatively clear,but the time of invalidation is relatively vague,and there are a large number of criminal justice interpretations that imply invalidation.At present,the Supreme People’s Court has carried out thirteen batches of activities to focus on clearing up judicial interpretations,making it clear that the time when the implied invalidation of criminal justice interpretation is obscured,but the effectiveness of criminal justice interpretations during the period from implied failure to centralized clearing up.Unclearness can easily lead to application errors in judicial practice.Before the promulgation of new interpretations and new laws,the previous criminal justice interpretations should be sorted out to make the original criminal justice interpretation more clear.The original criminal justice interpretation can be made clear by attaching a text to the new interpretation.The expiration time provisions,especially the explanation of the invalid provisions of the part of the effective part,the clear effective time,expiration time,and retrospective application are more convenient for judicial practice,and at the same time,the intensity of centralized clean-up is increased.The Supreme People’s Court and the Supreme People’s Procuratorate jointly.Clean up,expand the scope of the cleanup,and clear out a large number of judicial interpretations that are no longer applicable and discordant.The issue of retroactivity in criminal justice interpretation is mainly divided into three situations.For the first situation,it mainly depends on whether the criminal law provisions explained in the criminal justice interpretation have retroactivity.If there is retroactivity,the criminal justice interpretation also has retroactivity.For the second case,the principle of reconciliation with the new shall be applied,and for the third case,the principle of reconciliation with the old shall be applied.At the same time,in the case of inconsistencies between the old and the new criminal judicial interpretations,the highest judicial authority shall treat the old.The validity of the criminal judicial interpretation of the People’s Republic of China has been clearly stipulated,especially when there are multiple partial failures of the old judicial interpretations,and the partial failure of the clauses has been made clearer.