罪刑法定原则的扭曲与再启蒙

The Distortion and Re-enlightenment of the Principle of Legality

罪刑法定原则自诞生以来就成为刑法上一项不可动摇的根本原则,对于限制国家刑罚权的恣意发动起着不可或缺的作用。换言之,罪刑法定原则对于保障国民的自由和权利起着不可攻破的屏障作用。但是,罪刑法定原则在立法上得到承认,并不必然意味着在司法上得到良好的遵守,罪刑法定的观念还远没有深植固化于人们的内心。无论是在理论上还是在司法实践中,都出现了对罪刑法定原则的种种扭曲和误读,因此有必要对罪刑法定原则进行再启蒙。

The principle of legality has been an unshakable fundamental principle of criminal law since its birth. It plays an essential role in restricting the random start of the national penalty right. In other words,it serves as a barrier in guaranteeing the freedom and rights of citizens. However, the recognition of the principle of legality in legislation doesn＇t necessarily mean that it will be well abided by in judicature. The concept of the principle of legality is still far from being deeply rooted in people＇s hearts. Because of various distortions and misunderstandings of the principle of legality both in theories and practices,it＇s necessary for us to re-enlighten this principle.