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罪刑法定原则作为刑法中最重要的原则之一,最早发端于1215年《英国大宪章》第39条。这个原则先后为美国和法国的宪法文件所吸收。罪刑法定原则不仅有利于维护社会的秩序,也有利于保障人权,罪刑法定原则在我国的司法实践中发挥了巨大的作用,然而,该原则在我国的司法实践中也经常被违背,并发生了一些错误的判决。因此在司法实践中强调罪刑法定原则就显得尤为重要。
The principle of legally prescribed punishment as one of the most important principles in criminal law was first started in Article 39 of the British Magna Carta in 1215. This principle has been adopted by the constitutional documents of the United States and France. The principle of legally prescribed punishment for crimes not only helps to maintain social order but also protects human rights. The principle of legally prescribed punishment for crimes has played a huge role in the judicial practice of our country. However, this principle has also often been violated in the judicial practice of our country and has taken place Some wrong verdict. Therefore, emphasizing the legal principle of crime and punishment in judicial practice is particularly important.