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自古罗马至中世纪这一漫长历史时期,在国家与法的问题上,是朕即国家,出言即法;在罪与刑的问题上,是“获罪于天”,“刑罚自天子、诸侯出”;刑罚权的适用就必然专横与擅断。十七、八世纪的启蒙思想的法学家提出了刑法史上具有划时期意义的罪刑法定主义原则,从而产生了所谓法治国精神。直到现在,可以说世界性的刑法理论都与这一罪刑法定主义原则的刑法基本原则有着密切关联。
In the long history of ancient Rome to the Middle Ages, on the issue of state and law, it is the country that speaks of the Fa; on the issue of crime and punishment, it is “ ”; The application of the right of punishment must be arbitrary and good-natured. In the 17th and the 8th centuries, the jurists of enlightenment thought proposed the principle of legality of crime and punishment with the epoch-making significance in the history of criminal law, which led to the so-called spirit of governing the country by law. Until now, it can be said that the worldwide theory of criminal law is closely related to the basic principle of criminal law of the principle of legality of crime and punishment.