析自然法及对我国刑事法治的启示

自然法思想及其所蕴涵的价值对西方社会法治的发展产生了非常深远的影响。在自然法的发展过程中,西方社会和个人养成了信法、守法的品性,形成了刑事法治的良好运行环境;近代以来,西方法治思想包括自然法理论对我国法律的影响与日俱增,直接源于自然法理论的罪刑法定原则也已经明确规定在我国刑法中,但我国的法治现状并不尽如人意,法治之路仍很漫长。究其原因,是我国社会中长期缺乏自由、平等、安全的自然法价值。我们应在国民中培育这种自然法观念,培养良好的刑事法治环境。

Natural Law and Its Revelation to Rule of Law in Criminal Fields of China

The thought of natural law and its value had very deep effect on the development of western rule of law.During the development of natural law,the west and the people there nurtured the quality of trusting law and abiding by law,and formed the excellent operational circumstance of rule of law in criminal fields.In recent years,the thought of natural law,including the theory of natural law,has increasing effect on the laws of China,the principle of a legally prescribed punishment for a specified crime,directly originated from the theory of natural law,has been definitely regulated in criminal law of China,but the situation of the rule of law in China is unsatisfactory and we have a long way to walk.The reason is that the society of China is lacking of the value of natural theory of freedom,equality,and safety.We should nurture the idea of natural law among the countryman and favorable circumstance of rule of law in criminal fields.