人权保障理念之光照耀下的罪刑法定原则

The Principle of Punishment Proportional to Crime and the Guarantee of Human Rights

罪刑法定原则的全部精神是通过消极地限制刑罚权,积极地保障人权,核心意义是人权保障。试从罪刑法定原则的精神实质、罪刑法定原则的刑法意义、罪刑法定原则的解释方法三个方面,阐释人权保障理念之光照耀下的罪刑法定原则。

The complete spirit of the principle of punishment proportional to crime is positively safeguards the human rights through negatively limiting the penalty power. The core significance is the guarantee of human rights. This article tries to explain those stated above from three aspects, the principle of punishment proportional to crime and the guarantee of human rights, the principle of punishment proportional to crime and the criminal law, the principle of punishment proportional to crime and the criminal law interpretation.