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宪政是以对政治权力的行使施加限制和保障公民权利的一种政治制度,刑事法治的真正实现需要以宪政作为基础。刑法的基本原则最早是通过宪法文献表现出来的。强化刑法宪政基础有助于刑法目的的生成;有助于规制刑罚权;有助于国民对刑法的认同感。刑法宪政基础的实现需要转变刑法观念,强化刑法立法的宪法依据,合理进行刑法有权解释。
Constitutionalism is a political system that imposes restrictions on the exercise of political power and protects citizens’ rights. The true realization of criminal law should be based on constitutionalism. The basic principles of criminal law were first manifested through the constitutional documents. Strengthening the constitutional foundation of criminal law helps to generate the purpose of criminal law; helping to regulate the penalty right; and helping nationals to recognize the criminal law. The realization of the constitutional foundation of criminal law needs to change the conception of criminal law, strengthen the constitutional basis of criminal law legislation and make the criminal law have the right to explain rationally.