中国古代刑法中的“罪刑法定”论

On A Legally Prescribed Punishment for A Specified Crime of Chinese Ancient Criminal Law

在中国古代刑法中,很早就有了“罪刑法定”的思想。这一思想从春秋时期被提出,经战国、秦汉的发展,遭“春秋决狱”的磨难,到晋代的再次被提出和隋唐的进一步发展及以后各代的相继沿用,前后经历了漫长的历程。但是,由于中国封建专制皇权的存在,“罪刑法定”思想始终没能上升为古代刑法的基本原则。尽管如此,“罪刑法定”思想在同罪刑擅断相斗争,维护封建统治的过程中,一直发挥着重要的作用。

China had the thought that legally prescribed punishment for a specified crime for thousands years of Chinese ancient criminal law. The thought had been brought forward in the Chunqiu Age , developed from Zhanguo Age to Qin and Han dynasty, stagnated because of executing the prison in the Chunqiu Age, and then brought forward again in Jin dynasty, went though advanced period of Sui - Tang dynasty. Although the thought could not be the principle of ancient criminal law for feudal autarchy, it had always fought with the discretionary in criminal law and also had function in feudalism stage.