“从旧兼从轻”作为我国刑法及相关司法解释明确确立的溯及力原则,实践中对其运用必须坚持罪刑规范的整体性及统一性原则,不得“滥用”有利被告人原则,将罪刑规范任意割裂为罪状和法定刑、甚至主刑和附加刑,以分别适用新、旧法。而且,在刑法修正和司法解释更替并行的场合,原则上应该禁止新刑法和旧司法解释交叉适用;而旧刑法和新司法解释的交叉适用则是被允许的,此时不得否定新司法解释的效力,但可以通过无违法性认识可能性来阻却其适用。 “From the old and from the light ” As our country’s criminal law and related judicial interpretation clearly established the principle of retroactive force, in practice its application must adhere to the principle of integrity and unity of crime and punishment, shall not abuse Principle, the arbitrary punishment of crime norms will be split into guilt and statutory punishment, and even the main punishment and additional punishment, respectively, to apply the new and old laws. Moreover, where parallel changes in criminal law and judicial interpretation are to be made, the new criminal law and the old judicial interpretation should be forbidden to be applied in principle. The cross-application of the old criminal law and the new judicial interpretation is allowed. In this case, the new judicial interpretation Effectiveness, but its application can be discouraged by the possibility of non-illegitimate awareness.