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罪刑法定原则作为刑法的基本原则,其蕴含的宗旨就是限制刑罚权,防止司法擅断,保障个人自由。我国是一个统一的多民族国家,民族习惯法在相当的范围内发挥着不可或缺的作用。一味以罪刑法定原则为理由排除民族习惯法的适用是不符合罪刑法定原则本质内涵的。罪刑法定原则排除“入罪”的功能固然重要,但更为重要的是“出罪”功能。民族习惯法与罪刑法定原则并不存在天然的对立,罪刑法定原则完全可以合理定位民族习惯法。
The principle of legally prescribed punishment as the basic principle of criminal law contains the principle of limiting the penalty right, preventing judicial abuse and safeguarding individual freedom. Our country is a unified multi-ethnic country, and ethnic customary law plays an indispensable role in a considerable scope. It is incompatible with the essence of the statutory principle of crime and punishment to blindly apply the application of the national customary law on the basis of the statutory principle of crime and punishment. It is important to rule out the principle of legally prescribed punishment for crimes and crimes, but what is more important is the function of crimes. There is no natural opposition between the national customary law and the legal principle of crime and punishment, and the legal principle of crime and penalty can perfectly locate the national customary law.