影响罪刑法定原则司法化若干问题之探析

Analysis of Issues on the Judicalization of Legally Prescribed Punishment for Special Crime

罪刑法定原则纳入我国刑法典,具有划时代意义。但罪刑法定原则司法化在我国仍任重而道远。不能正确解读该原则,在观念上存在误区;刑法规则的模糊性与欠合理有违罪刑法定原则之要求;实践中相关制度与罪刑法定原则相冲突,这一切都严重地影响罪刑法定原则的贯彻落实。

The principle of a legally prescribed punishment for a special crime was introduced into the code of our country＇s criminal law, which has epoch-making significance. However, its judicalization has a long way to go. Among judicial practice, because it can not be understood correctly, there exists some conceptual mistakes, and the regulation of criminal law and the related system is offensive to its principle because of the obscurity and reasonableness. These have already influenced the implementation of the principle in practice.