罪刑法定原则之中国选择

The Option of China in the Principle of a Legally Prescribed Punishment for a Specified Crime

罪刑法定原则作为反对罪刑擅断的产物,现在已经成为世界各国刑法的基石。但由于历史传统、价值取向、司法制度等方面的原因,各国的罪刑法定原则又表现出不同的特点和风格。

As the product of the objection to criminal punishment at random, the principle of a legally prescribed punishment for a specified crime has become the base of criminal law in every country throughout the world. But it possesses various characteristics and styles in different countries because of historical tradition, value pursuit and judicial system. The comparison between Continental Law legal system and Anglo-American Legal system are made in this thesis.