What are the applicable principles of the old and new laws? If the special provisions are inconsistent with the general provisions, the special provisions shall apply; If the new regulations are inconsistent with the old ones, the new regulations shall apply. According to the provisions of Article 92 of the Legislative Law, if the laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules formulated by the same organ are inconsistent with the general provisions, the special provisions shall apply; If the new regulations are inconsistent with the old ones, the new regulations shall apply. Article 93 stipulates that laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules shall not be retroactive, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations. This provision embodies the basic principle of "non-retroactivity" in the application of the old and new laws, and at the same time, from the perspective of protecting the interests of the parties, it conditionally adopts the principle of "benefiting from the old". According to this provision, the new Trademark Law and the Implementing Regulations are not retroactive in principle, that is, the new laws and regulations can only regulate the events and behaviors after their entry into force, but have no retrospective effect on the events and behaviors before their entry into force. The principle of "non-retroactivity of the law" on the substantive issue of law application is mainly manifested in the fact that the old law is still applicable to the acts that occurred under the old law after the implementation of the new law. On the procedural issue, because of the procedural behavior after the new law, the law that was effective at the time of its occurrence was already the new law, so its application of the new law does not violate the principle of "non-retroactivity of the law". This is the prevailing principle of "the procedure is new and the entity is old", that is, the law on procedural issues is applicable. In principle, acts committed after the implementation of the new law should be carried out in accordance with the procedures stipulated in the new law, and the procedures that have been implemented in accordance with the methods, steps and time limits stipulated in the old law before the implementation of the new law continue to be valid. With regard to substantive issues, if the act occurs after the implementation of the new law, the provisions of the new law shall apply; If the act occurred before the implementation of the new law, the provisions of the old law should also be applied in principle after the new law takes effect.
Different explanations: 1. In criminal law, the principle of "being lenient with the old" is adopted, that is, the pending cases when the new law takes effect shall be handled according to the old law in principle, but if the new law imposes a lighter punishment on this act, it shall be handled according to the new law. 2. In terms of civil law, the principle of "starting from the new" means that the pending cases when the new law takes effect shall be handled according to the new law, unless otherwise stipulated by law. 3. Judicial interpretation: The judicial interpretation of both civil and criminal classification is based on the interpreted legal effect, that is, the duration of its effectiveness is completely determined by the interpreted law. 4. If different laws have different provisions on the same issue, and some laws are changed, it shall be handled in accordance with the principles of "the new law is superior to the old law" and "the special law is superior to the common law". However, if the new law is a conflict between the common law and the old law as a special law, the competent authority shall generally decide which law to apply. This is just a general solution to the legal effect. You can finally find out which law it is in order to give you an accurate answer. The connection between the old and new laws is extremely important, because many malicious people will make use of the free time of the law to commit crimes, so we need strict examination when replacing the old and new laws, and there can be no slight difference. The above is the knowledge of the general principles applicable to the replacement of the old and new laws found on the Internet for everyone, hoping to help everyone!