论文部分内容阅读
罪刑法定原则作为现在法治国家的标志之一,它有其自身的特定含义和发展历程。此原则全球化蔓延不是偶然,其对各国对立法技术、立法程序公正、司法解释的发达程度及司法环境等有一定的要求。中国于1997年引入罪刑法定,这在当时的技术层面及司法环境等因素的影响下,必然会导致一定的冲突,这些冲突包括立法和司法等各个方面。
As one of the hallmarks of the present state by law, the principle of legally prescribed punishment for crimes has its own specific meaning and course of development. This principle is not an accidental spread of globalization. It has certain requirements on countries’ legislative technology, fairness in legislative procedure, degree of judicial interpretation and judicial environment. China introduced the crime and punishment statute in 1997, which under the influence of the technical level and the judicial environment at that time inevitably led to certain conflicts. These conflicts include various aspects such as legislation and judicature.