Author(s)

Hongyuan Pan

Corresponding Author

Hongyuan Pan

Abstract

The principle of legally prescribed punishment for crime and penalty is an ancient principle in criminal laws of the world. In 1997, the third article of the Criminal Code of China was used to clarify that the criminal law in our country should implement the principle of legally prescribed punishment for crime and penalty. The establishment of the principle has made our criminal law internationalized and modernized. However, whether the principle is truly applied in the practice of criminal justice remains to be studied and discussed. This paper analyses the influence of criminal judicial interpretation and criminal policy on the principle of legally prescribed punishment, puts forward some suggestions and opinions on existing problems, and strives to improve the application of this principle in China’s criminal judicial practice, so as to effectively implement it in criminal justice.

Keywords

Legally prescribed punishment for crime and penalty, criminal code, rule the country by law, judicial interpretation, criminal policy