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罪刑法定原则,又称为罪刑法定主义,乃是当代刑法之重要原则。国家通过罪刑法定原则预先向公民标示禁止行为之范围,并因此而保障刑法的安定性,增强人们对自己行为法律后果的可预期性。但当前世界各国的刑事法律规范日趋细化的同时,在犯罪构成的描述方面却大量运用空白罪状和概括性、模糊性概念,使罪刑法定原则也走入了一种困境,如何在困境中实现罪刑法定原则,无疑是一个亟需解决的重大理论问题。
The principle of legally prescribed punishment, also known as the legalism of crime and punishment, is an important principle of contemporary criminal law. Through statutory principles of crime and punishment, the state has pre-marked the scope of prohibited acts for citizens and therefore guarantees the stability of the criminal law and enhances the predictability of the legal consequences of its own actions. However, while the criminal law and regulation in various countries in the world are becoming more and more finer, the blank guilty conscience and the concept of generality and fuzziness are extensively used in the description of the constitution of crime so that the principle of legality of the crime and punishment is also in a dilemma and how to realize it in the difficult situation The principle of legally prescribed punishment for crimes is undoubtedly a major theoretical issue that needs urgent solution.