罪刑法定原则在实践中的应用问题分析-法律专业毕业论文.pdfVIP

贵州大学硕士研究生学位论文 Theresearchoflegalityprinciple Theresearchoflegalityprinciple TThheerreesseeaarrcchhoofflleeggaalliittyypprriinncciippllee inpractice inpractice iinnpprraaccttiiccee Abstract： Abstract： AAbbssttrraacctt：： In 1997 Chinas Criminal Law Article III states:The law expressly provides the criminal acts, in accordance with the penal law convictions; the law does not explicitly defined as criminal acts, and shall not be convicted of sentence. In principle, improving Chinese criminal law, protection of human rights needs of the first time expressly provides for the principle of legality, essentially abolished the guilty and so on. Shows that Chinas criminal legal system from the traditional system of China towards a mature and progress. Principle of legality in the general provisions of the confirmed and placed in several other principles of the former is no doubt in criminal legislation and criminal justice, the most preferred item. Our interpretation of criminal justice is to supplement the lack of criminal legislation the main means of settlement, a large number of judicial interpretation of criminal law in China flooded into, while the criminal justice explained that the countrys highest judicial practice of the judiciary in order to correct and uniform application of criminal law, while the right The basic meaning of the Penal Code regulate its concrete application in judicial practice problems to do instructions. The creation of judicial interpretation and application of the principle of legality can not do without the basic guiding. As of 2009, China has successively promulgated a large number of