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罪刑法定原则是刑法理论及刑法实践中带有全局性和根本性的问题,已经被大多数国家和地区的刑法确定为基本原则。我国刑法理论界及司法界也曾针对罪刑法定原则能否作为刑法的基本原则展开过激烈的讨论,最终在1997年修订的《刑法》中明文规定罪刑法定,并将其作为刑法的首要的基本原则。罪刑法定原则虽已经在刑事立法上得以明确,但还未在我国得到很好的贯彻与实施,刑事立法和刑事司法等方面还有很多不尽如人意的地方。因此,针对罪刑法定原则,很有必要进行一番深入的探讨。
The principle of legally prescribed punishment for crimes is a general and fundamental issue in the theory of criminal law and in the practice of criminal law. It has been established as the basic principle by criminal law in most countries and regions. China’s criminal law theory and the judiciary have also conducted a fierce discussion on whether the principle of legality can serve as the basic principle of criminal law. Finally, the Penal Code amended in 1997 explicitly stipulates the principle of legally prescribed punishment and punishment as the first basic law of criminal law in principle. Although the principle of legally prescribed punishment for crimes has been clearly defined in the criminal legislation, it has not yet been well implemented and implemented in our country. There are still many unsatisfactory places in criminal legislation and criminal justice. Therefore, for the principle of legality of crimes, it is necessary to conduct some in-depth discussions.