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随着我国改革开放的进一步深化和市场经济的不断发展,个人的主体意识和权利意识也随之进一步增强,人民需要罪刑法定、法治社会呼唤罪刑法定。罪刑法定原则是资产阶级反对封建刑法罪刑擅断主义的产物,已为大多数国家宪法或刑法确认,成为现代刑法最基本的原则。本文就罪刑法定原则的概念、基本要求及其意义展开讨论,并指出了我国立法、司法实践中对罪刑法定原则的运用上存在的诸多问题及对策。
With the further deepening of China’s reform and opening up and the continuous development of the market economy, the awareness of subjective consciousness and right of individuals has also been further enhanced. People need legal statutory and rule of law societies to call for the legally prescribed punishment. The principle of legally prescribed punishment for crimes is the product of the crimes and punishments of the bourgeoisie opposed to the feudal criminal law. It has been confirmed by the constitutions or criminal laws of most countries and has become the most basic principle of modern criminal law. This article discusses the concept, basic requirements and significance of the principle of legality of crimes and punishments, and points out many problems and countermeasures in the application of the principle of legality in our country’s legislation and judicial practice.