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刑法作为保护法益和人权的最后的手段,不同于民法和行政法等部门法的调整对象,其所规范的是具有严重社会危害性的行为,而刑法进行制裁的手段是刑罚,刑罚具有严厉性,其如两刃之剑,用之不得其当,则国家与个人两受其害。那么作为刑事制度从理论到具体案情实践进行转换的过程—刑事审判,则显得极其重要,而鉴于刑事法律的特殊性,那么刑事审判就得坚持慎重,而具体在刑事审判中则体现为坚持依法审判的原则。
Criminal law, as the last resort to protect the legal interests and human rights, is different from the regulatory objects of the ministerial laws such as civil law and administrative law. It regulates behaviors that are seriously harmful to society. However, the criminal law imposes sanctions on penalties and penalties severely , Such as the sword of two-edged sword, used unsuccessfully, the two countries and individuals suffer. Then as the criminal system from theory to the specific case of the practice of conversion process - the criminal trial, it is extremely important, and in view of the particularity of criminal law, then the criminal trial must insist on cautious, but specifically in the criminal trial is reflected in adherence to the law The principle of judgment.