1
缃垜娉曞畾鍘熷垯鐨勮捣婧愬強婕斿彉
銆愭憳瑕併�?/p>
缃垜娉曞畾鍘熷垯锛?/p>
鍙堢О缃垜娉曞畾涓讳箟锛?/p>
鏄幇浠ｅ悇鍥芥櫘閬嶇‘绔嬬殑鍒戞硶鍩烘湰鍘熷垯锛?/p>
寮鸿皟瀹氱姜澶?/p>
鍒戝繀椤讳緷娉曞姙浜嬶紝
闃叉娉曞畼缃垜鎿呮柇銆?/p>
鍏惰嚜浜х敓鑷充粖锛?/p>
缁忓巻浜嗙敱缁濆缃垜娉曞畾鍒扮浉瀵圭姜鍒戞硶
瀹氱殑杞彉锛屽叾浠峰�肩悊蹇典篃闅忕潃鍘嗗彶鐨勪笉鏂彉鍖栬�屾湁鎵�鏀瑰彉
,
浣嗚暣鍚叾涓殑濮嬬粓鏄竴绉嶅己鐑堢殑
浜烘潈淇濋殰鐞嗗康锛屽浜轰滑鐨勬潈鍒┿�佽嚜鐢辩殑灏婇噸銆佷繚鎶わ紝鏄姜鍒戞硶瀹氬師鍒欑敓鎴愩�佸彂灞曘�佹紨鍙樼殑鍩?/p>
鐭筹紝
涔熸槸瀹冩渶鍩烘湰鐨勭簿绁炲疄璐ㄣ�?/p>
鏈枃灏嗕粠缃垜娉曞畾鐨勮癁鐢熺殑鍘嗗彶鑳屾櫙鍙婃�濇兂娓婃簮锛?/p>
浠ュ強瀹冪殑
绫诲瀷鍙婁环鍊肩悊蹇电殑婕斿彉杩涜鎺㈣锛?/p>
浠ュ姞娣卞缃垜娉曞畾鍘熷垯鐨勭悊瑙ｏ紝
鎻愰珮瀵圭姜鍒戞硶瀹氬師鍒欑殑鎰?/p>
涔夌殑璁よ瘑銆?/p>
銆愬叧閿瘝銆?/p>
鍒戞硶锛涚姜鍒戞硶瀹氬師鍒欙紱浜烘潈淇濋殰锛?/p>
[Abstract]
The
principle of legally prescribed punishment
has been worldwide recognized as the
basic principle of criminal laws. Take the law as the criterion in case the judge abuse
the judicial discretion. From the absolute principle of legally prescribed punishment to
the
comparative
principle
of
legally
prescribed
punishment,
the
principle
of
legally
prescribed
punishment
has
been
various
in
its
value
idea
with
the
history.
But
the
belief
of
protecting
the
human
rights
has
always
been
the
important
element.
Respecting and protecting the rights and freedom of human no only is the foundation
for the generation, development and evolution of the
principle of legally
prescribed
punishment
, but also is the spiritual essence of it. This paper focus on the discussion,
which is about the historical background, ideological origin and the evolution of the
category
and
the
value
idea
of
the
principle
of
legally
prescribed
punishment
,
to
deepen
understanding
and
improve
cognition
of
the
principle
of
legally
prescribed
punishment
.
[Key words]
Criminal Law
锛?/p>
The principle of legally prescribed punishment
锛?/p>
Nullum crimen sine
lege
锛?/p>
Nulla poena sine lege
锛?/p>
Rights Protection