论罪刑相适应原则之刑法地位

罪刑相适应原则在国内刑法理论中早就提了出来,并在现行的刑法条文中有所表述。但对该原则的已有理论研究高度不够,视野狭窄。立足于罪刑相适应原则之于刑罚个别化、罪责刑相适应原则、罪刑法定原则、刑法面前人人平等原则和刑法人道主义原则的关系较为全面而深入地揭示了罪刑相适应原则的刑法核心原则地位,从而为宏观把握和整体领悟刑法开启一扇窗口。

On the Position of the Principle of Suiting Punishment to Crime in Criminal Law

Principle of suiting punishment to crime was raised early in civil theory of criminal law and stated in the relevant clause of the current criminal law.However,the theoretical research on the principle has not a high altitude and a wide field of view.The author brings light more comprehensively and deeply to the core status of the principle in the system of the principles of criminal law from the relationship between the principle and principle of individualization of punishment,principle of suiting responsibility and punishment to crime,principle of a legally prescribed punishment for a specified crime,principle of equality before law and principle of humanitarianism of criminal law so that he opens a window to comprehend and grasp criminal law macroscopically and wholly.