罪刑法定原则之中国选择

罪刑法定原则作为反对罪刑擅断的产物，现在已经成为世界各国刑法的基石。但由于历史传统、价值取向、司法制度等方面的原因，各国的罪刑法定原则又表现出不同的特点和风格。本文对大陆法系和英芙法系的罪刑法定原则进行了比较与分析；并就中国的罪刑法定原则对两大法系的借鉴和取舍作了研究和论述。

The Option of China in the Principle of a Legally Prescribed Punishment for a Specified Crime

As the product of the objection to criminal punishment at random, the principle of a legally prescribed punishment for a specified crime has become the base of criminal law in every country throughout the world. But it possesses various characteristics and styles in different countries because of historical tradition, value pursuit and judicial system. The comparison between Continental Law legal system and Anglo - American Legal system is made in this thesis. Moreover, what the leg principle of a legally prescribed punishment for a specified crime of China absorbs or discards as well as uses for inference from the both law system is researched and discussed.