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罪刑法定原则是刑事古典学派建构刑法体系不可动摇的一块基石。自由与安全是其基本价值蕴含,舍此义则无从谈罪刑法定原则。然而随着经济生活的变迁和成文法局限的日益突出,个人本位逐渐向社会本位法律价值观的倾斜,导致了罪刑法定原劂从绝对走向相对主义,针对两大机能实现了自我的一种修正和完善。可是与西方社会不同的是,中国刑法中的罪刑法定原则却基于其特殊的法治历史和现状,呈现出独特的刑法文化品质。
The principle of legally prescribed punishment for crimes is a cornerstone of the unshakable criminal law system of criminal classical schools. Freedom and security are the basic values implied. However, with the change of economic life and the increasingly prominent limitation of written law, the inclination of individual standard to the legal value of social standard gradually leads to the revision and improvement of the legal principle of crime and penalty from absolute to relativism and self-realization for two major functions . However, the difference with western society is that the principle of legally prescribed punishment for crimes in criminal law in China is based on its special historical and current situation of the rule of law and presents a unique cultural quality of criminal law.