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法是实现善与公正的艺术。艺术的真谛在于形式。形式与法的实质价值的联系是明确的。一方面,刑事法治是刑事法的价值内容。刑事法治的首要之义在于形式理性的坚守。另一方面,法治在刑法领域表现为罪刑法定原则。一个没有实现罪刑法定原则的国家,不可能是法治国家。法治既是治理方式,又是思维方式。法治担当者的形式感与法律思维是罪刑法定现实化的必由之路。
Law is the art of good and fairness. The essence of art lies in the form. The connection between form and law’s substantive value is clear. On the one hand, criminal law is the value of criminal law. The primary meaning of criminal law lies in the sticking of formal rationality. On the other hand, the rule of law appears as the legal principle of crime and punishment in the field of criminal law. A country that fails to realize the legal principle of crime and penalty can not be a state governed by the law. The rule of law is both a way of governance and a way of thinking. The sense of formality and legal thinking of those responsible for rule of law are the only way to realize the legalization of crimes and punishments.