论罪刑法定原则的理论基础

罪刑法定原则自其产生发展至今,已成为各国刑法普遍确认的基本原则,一些国际人权条约也对该原则予以肯定。启蒙的自由主义思想、三权分立思想和心理强制说为罪刑法定的诞生奠定了理论基础,但随着理论的发展和社会的变迁,这些思想已经衰落。现代为罪刑法定提供理论支持的是民主思想、法治思想和人权思想。

On the Theoretical Basis of the Principle of a Legally Prescribed Punishment for a Specified Crime

Developing from its emerging time to nowadays, the principle of a legally prescribed punishment for a specified crime has been well - accepted as the fundamental principle of criminal law in most countries. Some international human right conventions have also accepted it. The initiate thoughts of liberalism, separation of the three powers and the theory of mental coercion were the theoretical basis of the principle. But,with the society's developing, these ideas were waning. In modern times,the thoughts of democracy,rule of law and human right have given theoretical support to the principle.