论文部分内容阅读
罪刑法定主义的争议由来已久,罪刑法定主义包含着理性层面和现实层面,这是不可分割的二者统一。在理性层面,应该承认罪刑法定主义的形式合理与实质合理的非矛盾性;在现实层面,必须透视其形而下的司法化问题,从立法和司法解释入手,使罪刑法定主义定位于恰当的地位并使之发挥真正应有的价值。
The controversy over the legalism of crime and punishment has existed for a long time. The legalism of crime and punishment contains the rational and the realistic aspects, and it is an inseparable unity between the two. At the rational level, we should recognize the formal, reasonable and non-contradictory of the legalism of crime and punishment. On the realistic level, we must see its shape under the judicialization, starting from the legislative and judicial interpretation, so that the legalism of crime and punishment is located in the proper position. So that the real value of its due.