刑事立法与罪刑法定原则的冲突——由足球“黑哨”事件的处理谈起

Deviation of the Principle of Conviction from the Legislation of Criminal Laws

足球“黑哨”事件的处理不完全符合罪刑法定原则 ,司法实践反映了刑事立法的缺陷 ,我国刑事立法也存在着对罪刑法定原则背离的现象。建议完善刑法的立法建设并加强立法解释 。

The punishment of the football judge’s biased judgement in favour of the bribing side in Gong Jianping’s case is not altogether in accordance with the principle of conviction. The practice of justice reveals the limitations of the legislation of criminal laws. The deviation of the principle of conviction from the legislation of criminal laws also exists in China. It is suggested that the legislation of criminal laws should be improved with the laws fully and explicitly explained so that a sound mechanism of legislation that effectively carries out the principle of statutory crimes can be constructed.