现代罪刑法定原则社会保护机能真义之检讨

A Review on the True Meaning of Social Protection Function of Modern Principle of A Legally Prescribed Punishment for A Specified Crime

罪刑法定原则为限制国家司法权的滥用、防止罪刑擅断以保障犯罪嫌疑人、被告人的人权而诞生。但是,孙伟铭、黎景全案以危险方法危害公共安全罪定性后,最高人民法院又印发醉酒驾车犯罪法律适用问题指导意见及相关典型案例的通知,并指出对此类醉酒驾车造成重大伤亡的,应依法以危险方法危害公共安全罪定罪。故有必要对现代罪刑法定原则社会保护机能的真正意义做一探讨,使罪刑法定原则的社会保护机能在罪刑法定原则的框架内得到实现;使刑法的社会效果在法律效果的框架内得到正当合理的实现。

In order to protect the human rights of the criminal suspects and the accused,principle of a legally prescribed punishment for a specified crime was born to limit the abuse of national jurisdictions and to prevent the tyranny in conviction and sentencing. However,after Sun Weiming case and Li Jing-quan case were sentenced as the crime of endangering public safety in a dangerous method of characterization,the Supreme People＇s Court also issued the guidance on the application of criminal law for drunken driving and the notice of related typical cases,and pointed out that this type of drunken driving causing significant casualties should be regarded as the crime of endangering public safety in a dangerous method of characterization. Thus it is necessary to have a study of the true meaning of social protection function of modern principle of a legall prescribed punishment for a specified crime to realize the social protection function within the framework of the principle of legality and also justifiably to realize the social effects of criminal law within the framework of the legal effect.