从旧兼从轻原则是罪行法定原则的延伸,虽然已作为刑法总则当中的一条基本原则得到适用,但在实践过程中仍有一定的模糊性,本文意图通过对此问题进行探讨达到厘清刑法溯及力相关问题,寻求解决之法的目的。 Since the old principle and the minor principle are the extension of the statutory principle of crime, although they have been applied as a basic principle in the general law of criminal law, they still have some ambiguity in practice. This article intends to clarify the criminal law by discussing the issue And force-related issues, seeking to solve the law’s purpose.