罪刑法定思想起源于春秋时期的成文法的公布,罪刑法禁、事断于法、缘法而治、明德慎罚等思想都是罪刑法定思想在我国古代刑法中的体现,隋朝以后各朝的律法中都包含了罪刑法定思想,尤其以唐朝的律法最为典范。但我国古代刑法中确实存在罪刑法定的思想,但是始终未上升为最高刑罚原则,这是由于统治阶级的性质所决定的。 The legal thoughts of crime and punishment originated from the promulgation of written law in the Spring and Autumn Period. The thoughts of criminal statutory thoughts in the ancient criminal law of our country were all embodied in the criminal law and the criminal law. Of the law contains the statutory concept of crime and punishment, especially the most exemplary Tang Dynasty law. However, there is indeed the idea of ​​legal punishment for crimes in our country’s ancient criminal law, but it never rose to the principle of maximum punishment because of the nature of the ruling class.