Legal analysis
The first aspect can be called positive principle of legality; The second aspect can be called the negative principle of legitimacy. Positive principle of legally prescribed punishment for a specified crime and negative principle of legally prescribed punishment for a specified crime have their own meanings. The unity of positive and negative principles of a legally prescribed punishment for a specified crime, and the use of penalty power, the penalty should also be legal, from which the following principles are derived: (1) Legalism; Exclude customary law; Exclude absolute indefinite punishment; There is no analogy; It is forbidden to repeat laws retroactively; Clarity of criminal law. The unity of punishing crimes, protecting human rights and limiting penalty power, preventing abuse and safeguarding human rights is the comprehensive and correct meaning of the principle of a legally prescribed punishment for a specified crime. The significance of these two aspects of the principle of a legally prescribed punishment for a crime is concentrated on one point, that is, protecting human rights, which is the real significance of the principle of a legally prescribed punishment for a crime in China.
legal ground
Article 3 of the Criminal Law of People's Republic of China (PRC) clearly stipulates that it is a crime, and it is convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.