Author(s)

Aoyu Liu ¹

Affiliation(s)

¹ School of Journalism and Media, Shijiazhuang University, Shijiazhuang City, Hebei Province, China

Corresponding Author

Aoyu Liu

ABSTRACT

China's traditional criminal law theory holds that there is no retroactivity of convicted criminals, but with the increase of criminal legislation and the changes of the times, there has been an unfair phenomenon of 'different punishments for the same crime', which is bound to conflict with the principle of constitutional equality, and is not conducive to the implementation of the principle of legality and the protection of human rights. Therefore, a special relief system can be established to make convicted criminals have retroactivity, so as to seek a balance between maintaining the stability of judgments, legal dignity and safeguarding legal fairness and justice.

KEYWORDS

Retrospective effect, convicted person, special remedy, legal justice

CITE THIS PAPER

Aoyu Liu. The feasibility of criminal law retroactivity of Chinese convicted criminals. Science of Law Journal (2024) Vol. 3: 160-165. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030721.

REFERENCES

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