In the following cases, China s criminal law has retroactive effect

Among the following circumstances, China's criminal law has:RetrospectivenessYes:

b. The law at the time considered it to be a crime but the criminal law did not consider it to be a crime.

d. Both the law and the criminal law at that time considered it a crime, but the penalty under the criminal law was lighter than that under the law at that time.

Retroactivity, also known as the retroactive effect of a law, refers to whether the law applied to events and acts before it came into force. If it is applicable, it is retroactive, and if it is not, the law is not retroactive.

Countries adopt different principles regarding the retroactivity of criminal law, which can be summarized as follows:

1) From the old principles.

That is, the new law has no retroactive effect on all acts before it came into effect.

2) The principle of renewal, that is, the new law applies retroactively to all acts that have not been tried or whose judgment has not yet been determined before its entry into force.

3) The principle of renewing and mitigating, that is, the new law has retroactive effect in principle, but if the old law (the law at the time of the act) is not considered a crime or the punishment is lighter, it will be dealt with in accordance with the old law.

4) The principle of starting from the old and lightening it.

That is, the new law does not have retroactive effect in principle, but if the new law does not consider it a crime or the punishment is lighter, it will be dealt with in accordance with the new law.

The above content reference:

Encyclopedia - Retrospectiveness.

For example, if a public security penalty enters the criminal court, the judge applies the punishment and arrests the party, and then the party files an administrative lawsuit against the Public Security Bureau, and the Public Security Bureau revokes the specific administrative act, which is the retroactive effect of the 12th provision of the Criminal Law. I am a resident of Ulanhot, Zhang Guichun, and the leader of the group, 216892622

There's no topic, how to choose...

Answer] :d item a, the retroactivity of China's criminal law adopts the principle of treating the old with leniency. (b) The lesser penalty means that the penalty provided for in the Criminal Code for a certain crime, i.e., the statutory penalty is lighter than that of the Criminal Code before the amendment.

In item c, "at the time of the act" should be used as the basis for judging the application of the old and new laws, rather than "when the trial is boring". That is, for acts that have not been tried or whose verdict has not yet been determined before the entry into force of the current Criminal Law, the law in force at the time of the act shall apply. However, if it is not considered a crime or the punishment is relatively light in accordance with the law in force, the law in force in force shall apply.

Based on the effective judgment already made by the law in force at the time of the act, it continues to be valid. Item (d), trial supervision procedures refer to the procedures whereby the people's courts and people's procuratorates discover that there is a genuine error in the determination of facts or the application of law in a judgment or ruling that has already taken legal effect, and initiates and conducts a new trial of the case in accordance with law, and the law at the time of the act shall be applied.

Answer]: b, c, d

(a) The statutory offence includes both a joint offence and a conspiracy. Among them, collective offense refers to a form of crime in which the perpetrator commits several criminal acts of the same type for the purpose of committing the same type of criminal act for an indefinite number of times, and the criminal law stipulates that it will be punished as a single crime.

The BCD has three crimes, and one offence for which the punishment includes serial offenders, implicated offenders, and absorbed offenders. Among them, serial offenses refer to crimes in which the perpetrator commits criminal acts multiple times in succession based on the same or generalized criminal intent, and commits the same crime. An implicated offender is a situation in which a crime is committed, and another crime is committed as a means or result of the crime.

Absorption refers to a situation in which a criminal act is absorbed by another criminal act because it is a necessary stage, an integral part of another criminal act, and a natural result of another criminal act.

Copyright Law of the People's Republic of China

Article 53.

Where any of the following infringements is committed, this Law shall be borne on the basis of the circumstances.

Copyright Law of the People's Republic of China

Article 52.

civil liability under the provisions;

Where the infringing act simultaneously harms the public interest, the department in charge of copyright shall order the infringing act to be stopped, give a warning to the sidelines, confiscate unlawful gains, confiscate and harmlessly destroy the infringing reproductions, as well as the materials, tools, equipment, and so forth that are mainly used for the production of infringing reproductions, and where the illegal business turnover is more than 50,000 yuan, a fine of between 1 and 5 times the illegal business turnover may be imposed concurrently;

Where there is no illegal business revenue, or the illegal business revenue is difficult to calculate, or is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed concurrently;

where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law.

Answer]: A In the first step, this question examines criminal law.

style="margin-left:20px"> the second step, Article 3 of the Criminal Law stipulates that if the law expressly stipulates that it is a criminal act, Hui Zhi shall be convicted and sentenced in accordance with the law; Those who do not explicitly stipulate in the pre-judicial discussion law that they commit the crime of serving their brothers must not be convicted and sentenced. Item A is correct.

So, choose option A.

Among the following circumstances, China's criminal law has retroactive effect (aThe law at the time considered it a crime, but the criminal law did not; d.Both the law and the criminal law at that time considered it a crime, but the law at that time imposed a heavier penalty than the criminal law). FYI.

Multiple choice question: In the following circumstances, the retroactive effect of China's criminal law is ( ) A is considered by the law at the time to be D

To put it simply, China's criminal law divides criminal punishment into two categories: main punishment and additional punishment.

The principal penalty can only be applied independently, and cannot be applied additionally. There are five main types of punishment: public surveillance, short-term detention, fixed-term imprisonment, life imprisonment and the death penalty.

Supplementary punishment, also known as accessory punishment, is a method of punishment applied to supplement the principal punishment. The basic feature of supplementary punishment is that it can be applied independently or additionally.

According to the provisions of Articles 27 to 30 of the Criminal Law, China's criminal punishments are divided into two categories: principal punishment and supplementary punishment.

There are five main types of punishment: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and death.

The Penal Code also provides that expulsion may be applied independently or in addition to the deportation of aliens who have committed crimes.

The principal penalty is the main punishment method applied to criminals, and can only be applied independently and cannot be applied additionally.

Option C: The supplementary penalty may be applied at the same time as the main penalty.