罪刑法定的中国本土化.pdfVIP

perfection of criminal legislation, help carrying out the basic national policy of ruling by law and embody the trend of worldwide criminal law development. The Principle is our criminal law bears explicit Chinese character. Part three. The reason of the indigenization of the Principle of a Legally Prescribed based on The native resources difference between China and the west . The Principle not only has long history, but also has foundation of the social structure, law culture and law value. Confronting the challenges of the native resources in China’s special environment, constructing the Principle in China should unite with our native resources only that the Principle can make not only root in China but also bloom and fruit so as to promote the Chinese criminal law into a golden age. Part four. The indigenization of the Principle of a Legally Prescribed Punishment in China. In china’s special environments, constructing the Principle has to combine with our native resources, and carry it on in mind, system, and justice operation at the same time. The basic idea which runs through it is: base upon our native country, transplant the Principle of a Legally Prescribed Punishment creatively; respect human freedom and right, establish law culture and value of rule by law; unify the function of society protection and human rights safe guard. Key words: the Principle of a Legally Prescribed Punishment; legislation; the native resources; the codification of the Principle of a Legally Prescribed Punishment in China 4 目录 引 言 1 一、罪刑法定原则概述 2 （一）罪刑法定原则的历史沿革 2 （二）罪刑法定原则的基本涵义及其价值取向 3