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刑事习惯法长期被刑法的基本原则“罪刑法定”主义压迫。但是刑事习惯法在现实中体现了有利于我国法治的发展、有效节约司法成本、有利于和谐社会的构建等价值,在理论上则展示出了其限制国家刑罚权,保障公民的私权、限制政治国家,促进市民社会与政治国家的互动与平衡以及丰富我国刑法理论体系等价值。
The criminal customary law has long been oppressed by the basic principle of criminal law “legality ” legalism "crime. However, in reality, the criminal customary law embodies the values that are conducive to the development of the rule of law in our country, effectively saving the judicial costs and building a harmonious society. In theory, the customary law restricts the penalties of the state, protects the private rights of citizens, and limits Political countries, promoting the interaction and balance between civil society and political countries and enriching the theoretical system of criminal law in our country.