刑法溯及力原则立法上的缺失——兼论中间时法的生存之理

On the Retroactive Effect of the New Criminal Law of The People's Republic of China

《中华人民共和国刑法》对溯及力问题作了从旧兼从轻的原则性规定,这是我国刑法向科学化、民主化方向发展的重要表现,然而刑法在其动态运行中又产生了中间时法的问题。本文通过对中间时法的产生及其机理的分析,并结合中间时法在我国实践中的作用,探讨了刑法对中间时法效力亟待完善的问题。

The new criminal law of The People's Republic of China adopts the principle “in accordance with the old and light law” in the question of retroactive effect, and this is the important exhibition of the development of our criminal law in the direction of science and democratization. But the criminal law brings about the question of the law in the middle in the course of its dynamic circulation again. Based on the analysis of its emergence and mechanism and its function in price, this dissertation discusses the question of the effect of the law in the middle in the criminal law being waiting to be perfected.