一、法治化原则——“罪刑法定”思想应当获得实际确立“罪刑法定”作为一项世界公认的法治原则,目前业已获得了绝大多数国家立法的确认。一些国家不仅在刑事立法中对此作出了明文规定,而且还将其规定在宪法之中,作为一项十分重要的宪法原则。“罪刑法定”的思想形成带有浓烈的反封建意识,具有不可抹煞的历史进步性。数百年来,这项原则虽然在具体内容的宽严程度上有过一些争论和变化。但其基本精神却始终如一。并没有因为时间的推移而发生任何实质性的改变。这一事实表明,“罪刑法定”思想有它闪光的合理内核,具有极强的生命力。它不仅体现了人们对于法治理想的 First, the principle of rule of law - “crime and the law” should be the actual establishment of the “crime and the law,” as a recognized principle of the rule of law in the world, has now been confirmed by the vast majority of national legislation. Some countries not only explicitly stipulate this in their criminal legislation, but also stipulate them in the constitution as a very important constitutional principle. The formation of the “crime and punishment law” thinking with a strong anti-feudal consciousness, with undeniable historical progress. For centuries this principle has had some controversy and change in the breadth of content. But its basic spirit has always been the same. There has not been any substantial change over time. This fact shows that the idea of ​​“legal punishment for crimes and punishments” has its glittering and reasonable core and possesses strong vitality. It not only reflects the people’s ideal of the rule of law