我国1997年修订后的刑法第一次将罪刑法定原则作为一项基本原则予以明确,充分表明了我国民主与法治建设从不成熟走向了成熟。但是在刑事立法及司法实践等层面面临的许多问题亟待研究和解决,本文从立法和实践出发对罪刑法定原则的应有之义进行了分析。 For the first time, the criminal law revised in 1997 in our country clarifies the principle of legality as a basic principle, which fully shows that the building of democracy and the rule of law in our country has gone from immature to maturity. However, many problems facing criminal legislation and judicial practice need to be studied and solved urgently. This article analyzes the proper meaning of the statutory principle of crime and punishment from the perspective of legislation and practice.