中国历史上的争鸣时期被称为“礼崩乐坏”的时代,也是一切有待重估和重建的时代。许多影响乃至决定中华法系特征的法律思想和制度都在这一时期形成。“罪刑法定”思想及其实践也在此时萌生。对这一思想和实践,需要借助西方法律知识去理解,更需以一颗理解、尊重中国文化的心去看待。 The era of contention in Chinese history is called the era of “benevolence and entertaining”, and it is also an era to be revalued and rebuilt. Many legal thoughts and systems that influence or even determine the characteristics of the Chinese legal system are formed during this period. “Crime and punishment of statutory ” thought and practice also at this time initiation. To this idea and practice, it is necessary to understand it with the help of Western legal knowledge. It is even more necessary to view it with an understanding and respect for the Chinese culture.