论罪刑法定主义

“法律明文规定为犯罪行为的,依照法律定罪处罚;法律没有明文规定为犯罪行为的,不得定罪处罚”,这是罪刑法定主义在我国刑法中最完整的体现,同时它也是我国1997年刑法修订中确立的三大基本原则之一。它废除了沿用18年之久的类推制度。这对于切实保障公民的人权,完善民主与法制,开辟刑法发展的新时代,具有里程碑的重大意义。

On Crime and Punishment by Law

Those that are deemed by explicit stipulations of law as criminal offence, are to be declared guilty and punished according to law; those that are not deemed by explicit stipulations as criminal offence, are not to be declared guilty nor punished." This is the most intact embodiment on crime and punishment in Chinas Criminal Law, in the same time it is one of three major basic principles in the revised Criminal Law established in China in 1997. It abolished the analogizing system that had been used for 18 years. It is of monumental significance in actual guaranteeing citizens human rights, in perfecting democracy and legal system, in opening up a new era for development of Criminal Law.