摘要
刑法的溯及力 ,是新刑法修订后在法律适用中的一个需要准确把握的问题。特别在司法实践中 ,出现了一些有争议并亟待解决的问题。这些问题主要有行为时法的范围、处刑轻重的比较、跨法犯的法律选择问题。研究刑法溯及力的理论问题 。
After Criminal Law revised,Retroactivity of criminal law is a question,which needs grasping accurately in the application of Law.In the juridical practive,there are some difficult problems,which require resolving as quickly.Theses problems are mainly as follows:the scope of Law as the behavior is happing,comparison between gentle penalty and severe penalty,the selection of law to the criminal who is related to both the old law and the newly law.According to the juridical practice and the theory of criminal law,the writer do some further discussing to these problems and hope to do some favor to the juridical practice.
关键词
刑法
溯及力
理论问题
行为时法
处刑轻重
跨法犯
从旧兼从轻原则
retroactivity of criminal law,the scope of Law as the behavior is happing,comparison between gentle penalty and severe penalty,the criminal who is related to both the old law and the newly law
