On the Retroactive Effect of Ancient Criminal Law in China

Retroactive effect of criminal law has been recorded more in our country’s ancient legal documents. With the changes of criminal policy and legislative guideline in the successive dynasties, each dynasty has stipulated different rules on the retroactive effect. Since the criminal laws in Tang dynasty have become ripe, the modern principle of “follow the former judges and concurrently punish leniently” has been set up. From the point of view of system history, this principle is the origin of retroactive effect of modern criminal laws.