未知题型

大明律.名例律》规定:“凡律自颁降日为始,若犯在已前者,并依新律拟断。”其注云:“此书言犯罪在先,颁律后事发,并依新定律条拟断,盖遵王之制,不得复用旧律也。”
请说明其基本含义,并从法律适用原则发展变化的角度,分析这一规定的历史背景及主要目的。

A.名例律》规定:“凡律自颁降日为始,若犯在已前者,并依新律拟断。”其注云:“此书言犯罪在先,颁律后事发,并依新定律条拟断,盖遵王之制,不得复用旧律也。”
【参考答案】

汉、唐以来在刑罚适用上强调从轻主义原则。汉令规定:“犯法者各以法(发)时律令论之明有所讫也。”即以犯罪被揭发时律令论罪不......

(↓↓↓ 点击下方‘点击查看答案’看完整答案 ↓↓↓)

相关考题

investigate, quantity, discount, negligence, replements...


未知题型investigate, quantity, discount, negligence, replements, discrepancy, packing list, unsaleable, inferior, penalty clause, up to standard
Complaints are often received by companies who ship consignments overseas. These complaints are sometimes about the【26】of goods receiveD.Perhaps not enough goods were sent, perhaps too many. And sometimes it is a complaint that the wrong goods were sent.
Often there are complaints about【27】packing, which can cause damage to the goods. Sometimes the complaint is about inferior quality. Buyers in this case often complain that the goods are not【28】There may be a【29】between the description of the goods in the brochure and the goods which actually arriveD.
A complaint may be about a delay in shipment, although companies often have a【30】in their contract to protect them against loss from delay.
Complaints about damage are usually the business of insurance companies, but if the damage is caused by the【31】of the packers, then the insurance companies will not accept responsibility.
When there is a complaint that the wrong goods were sent, or too many, or too few, then it is always necessary to check the【32】for the cases, as well as the invoicE.Then the agent must【33】what happeneD.The goods may still be in the port of unloading.
Bad, inferior or inadequate packing may cause damage to goods in transit. The buyers may accept damaged goods if the supplier offers a【34】, but if the goods arc badly damaged they may be【35】, and in this case the buyer will demand replacements.
(11)