试以历史沿革为视角论罪刑法定之内涵

On the Implications of a Legally Prescribed Punishment for a Specified Crime from the Perspective of its Historical Development

罪刑法定从一种学说到一项基本刑事法律原则,几百年的历史演进完整地揭示出它的根本内涵。但是,由于罪刑法定原则迟迟才进入我国刑事法律规范,对该项原则理解和适用就缺失了严谨性和统一性,以致在一些个案中混淆了罪与非罪的界限,对法律的权威性构成了严重威胁。

The legally prescribed punishment for a specified crime has been evolving for hundreds of years from a specific theory to a basic principle of criminal law, and its historical development has fully revealed its fundamental implications. However it has not been adopted as part of China＇ s norm of criminal law until recently and therefore it has not been understood accurately and consistently. Thus, the boundary between being guilty and being unguilty has been blurred, posing a serous threat to the authority of law.