浅议罪刑法定——兼议刑法解释

On the Principle of Determining an Offense and the Penalty for It by Law--With a disussion of criminal law's interpretation

罪刑法定原则由绝对法定到绝对不法定发展到相对法定 ,是社会文明进步的体现 ,也是实现刑法功能的要求 ;刑法解释应包含立法解释、司法解释、司法人员的解释 ,是对罪刑法定原则的补充 ,同时应程序化。

The development of the principle of determining an off en se and the penalty for it by law, from determining completely by law to a bsolutely not determing by law to clelermining relatively by law, refle cts the progress of social civilization, and it is also a requirement of rea lizing the functions of criminal low; the interpretation of criminal law sho uld include legislative body's interpretation, judicial office's interpr etation and judicial workers' interpretation, it is a supplement to the principle of determining an offense and the penalty for it by law, at t he sametime, it should follw the procednres.