反思与检讨:明确性原则

Reflection and Self-criticism:Principle of Definiteness

明确性原则作为罪刑法定主义的重要派生原则,为罪刑法定的题中应有之义。然而,我国刑法理论与实务界对明确性原则的理解存在偏差与误区,即一味追求过度明确化刑法规范。其实,刑法规范过度明确化并非明智之举。

Principle of definiteness, as the main derivation of doctrine of a legally prescribed punishment for a specified crime, should be included in a part of a legally prescribed punishment for a specified crime. But criminal law theory and practice circles have some wrong ideas about the operating of principle of definiteness that is pursuing over-definiteness. In fact, over-definiteness isn＇t a sensible action. At the same time, it has many defects and insufficiencies.