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牧野英一是日本新派的重要学者,他的罪刑法定思想也是其最饱受争议的理论之一。作为主观主义的代表人物,牧野英一创造性地用法律进化论的角度来解释罪刑法定的嬗变改造,这对罪刑法定的发展起到了至关重要的作用,但是我们也应当看到其罪行法定思想也有诸多不合理之处。本文试就其罪刑法定思想的合理之处及其缺陷展开讨论。
Makino Yoichi is an important scholar of Japan’s new school. His legal idea of crime and punishment is also one of the most controversial theories. As a representative of subjectivism, Makino Yingyi explained the transmutation and transformation of the statutory system of crime and punishment creatively from the perspective of legal evolution, which played a crucial role in the legal development of crimes and punishments. However, we should also see that the statutory ideas of crimes A lot of unreasonable. This article tries to discuss the reasonableness and the flaw of its statutory principle of crime and punishment.