罪刑法定原则的误解与正读

Misunderstanding and Positive Reading of the Principle of a Legally Prescribed Punishment for a Specified Crime

罪刑法定原则是刑法理论及实践中具有全局性和基础性的问题。司法实践中存在对罪刑法定原则的误解,罪刑设置模式不完整,确定性原则、立法合理性原则、立法明确性原则在刑法典中的贯彻还存在问题等。应尽快转变司法的观念,明确划定立法权与司法权的范围界线,全面正确地贯彻罪刑法定原则。

The principle of a legally prescribed punishment for a specified crime is the overall and basic issue in the theory and practice of criminal law.There is misunderstanding in the judicial practice of it.The pattern of crime and punishment is incomplete,and there are still some problems in the implementation of the principles of certainty,principles of legislative rationality,and principles of legislative clarity in the criminal code.So the concept of judicature should be changed as soon as possible and the boundaries between legislative power and judicial power should be clearly delimited so that the principle of a legally prescribed punishment for a specified crime can be comprehensively and correctly implemented.