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1997年我国刑法确立了罪刑法定原则,作为我国刑法适用过程中的一项基本原则,该原则在刑事立法及刑事司法实践方面都发挥着重要的作用。罪刑法定原则的确立得益于一系列规则的颁布,使该原则在适用的过程中能够具体化,充分发挥刑法惩罚犯罪和保障人权的价值。本文以罪刑法定原则在我国刑法中的适用为主线展开论述,以期为充分发挥该原则的价值提供些许建议。
In 1997, the criminal law of our country established the legal principle of crime and punishment as a basic principle in the application of criminal law in our country. This principle plays an important role in both criminal legislation and criminal justice practice. The establishment of the principle of legal punishment for crimes and punishments benefits from the promulgation of a series of rules so that this principle can be embodied in the process of application and gives full play to the value of criminal law in punishing crime and safeguarding human rights. This article discusses the application of the principle of legality in criminal law in our country, with a view to providing some suggestions for giving full play to the value of the principle.