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我国《刑法》第3条关于罪刑法定原则的表述为:“法律明文规定为犯罪行为的,依照法律定罪处罚;法律未规定为犯罪行为的,不得定罪处罚。”文章主要针对我国罪刑法定原则规定的前半段以及考虑到在我国目前立法犯罪圈扩大的趋势下,司法资源紧张,司法效率受阻的情况,来论述我国司法机关有没有在法律规定为犯罪的条件下将某一行为处罪的权利,以及为其可行性寻求理论依据与实践支撑。
Article 3 of the Criminal Law states that the principle of legality of crimes and punishments is stated as follows: “If the express provisions of the law are criminal acts, they shall be convicted and punished in accordance with the law; criminal acts not prescribed by the law shall not be punished.” In the first half of the principle and under the current trend of legislative criminals expanding in our country, the judicial resources are tightened and the judicial efficiency is hindered. This article discusses whether the judicial organs in our country have taken any criminal action against a certain criminal act As well as the theoretical basis and practical support for its feasibility.