尽管法律从规范层面对犯罪作出了详细的规定,但是司法实践中要认定一个行为究竟是不是构成犯罪,还要受到各种主客观因素的影响和制约。一、刑事法律是限制国家刑罚权力的有力武器。罪刑法定是刑法最重要的原则,法无明文规定不为罪,法无明文规定不处罚。司法官可以剥夺一个人的生命、自由、财产,但是必须有法律依据,不能滥用刑罚权。同时,刑事诉讼法提出了认定一个公民有罪的证明标准,达不到这个标准,就是无 Although the law stipulates the crime in detail from the normative level, it is necessary to determine whether an act constitutes a crime in judicial practice or not, but also be affected and restricted by various subjective and objective factors. First, criminal law is a powerful weapon that limits the penalty power of the country. The principle of legally prescribed punishment for crimes is the most important principle of the criminal law. There is no law that stipulates that crimes should not be punished. There is no express provision in the law that no punishments should be made. Judges may deprive a person of their life, liberty and property, but must have a legal basis and can not abuse the right to punishment. At the same time, the Code of Criminal Procedure proposes a standard of proof that a citizen is guilty of a crime, failing this standard, that is,