中国罪刑法定思想之历史探源

Seeking the source of history of the thought of Chinese crime legal

罪行法定在当代中国理论学界被认为是清末由日本传入的舶来品。本文试图从中国漫长法律发展历史中,在思想理论基础和特征两方面考察证明我国古代确实存在着罪行法定主义或思想。

The crime legal is considered as the imported goods which was spread from Japan in the end of the Qing, This article attempts to inspect and prove that our country truly had the crime legal doctrine or thought in ancient time in the two aspects of theoretical foudation and characteristic.