NGUYÊN TẮC XÁC ĐỊNH HIỆU LỰC CỦA VĂN BẢN QUY PHẠM PHÁP LUẬT TRONG ÁP DỤNG PHÁP LUẬT NHÌN TỪ VỤ ÁN “GÀ LÔI TRẮNG”

Abstract

The article's purpose is to clarify the principle of the effect of legal normative documents from the errors of the first-instance court in applying this principle in the study case. The "Silver Pheasant" case shows a conflict between the rigid application of the law at the time of the offense and the principles of "retrospective effect" and "favorable application to the subject." Furthermore, the case also highlighted a conflict in the legal validity of normative documents between a circular and a decree. In its application of the law, the article identifies that the first-instance court applied the ex- regulation, which was in effect at the time the case was initiated, when the silver pheasant was in Group IB, to sentence the defendant to 6 years in prison. This ignored a new legal  normative  document  (Circular 27/2025/TT-BNNMT) that took effect at the time of the trial, which reclassified the silver pheasant into Group IIB, with a lighter penalty. To achieve its objective, the article uses the case study method. Accordingly, the author analyzes the "Silver Pheasant" case as a typical case to clarify theoretical and practical issues regarding the effect of legal normative documents in legal application activities. In addition, the article also uses the legal analysis method to compare and contrast the old and new legal documents related to the case