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新中国六十年刑事法治的发展,经历了从政策法到罪刑法定的历史嬗变。新旧刑法典的颁布实施,紧跟了我国法制发展的重要历史性转变。刑事法制不健全的时代,政策法的存在有其必然性。罪刑法定原则的全面确立,是刑事法治发展的必然结果,要求坚持法律至上。在依法治国的方略下,刑事政策与刑法应各就各位,良性互动。
The development of the sixty-year criminal law in new China has undergone a historical change from the policy law to the legal punishment for crimes. The promulgation and implementation of the new and old penal codes closely followed the important historical change in the development of our legal system. The era of criminal law is not perfect, the existence of policy law has its inevitability. The full establishment of the principle of legality of crime and penalty is the inevitable result of the development of criminal law and rule, and requires that the law be the supreme. Under the strategy of governing the country according to law, criminal policy and criminal law should be based on the principle of positive interaction.