Article 3 of the Criminal Law stipulates: "If a crime is expressly stipulated by law, it shall be convicted and punished in accordance with the law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished. " This provision is the principle of "a legally prescribed punishment for a crime". The basic requirement of a legally prescribed punishment for a crime is that the court must decide whether a person has committed a crime and what kind of punishment to impose, and must follow the clear provisions of the law and cannot decide the case at will. Specifically, only when an act is clearly defined as a crime by law can it be convicted. To judge whether an act constitutes a crime, we must strictly follow the conditions and standards stipulated by law. If it does not meet the conditions and requirements prescribed by law, it should not be interpreted or speculated as a crime at will. In addition, we should also determine the crime according to the law. At the same time, the punishment for crimes, that is, what kind of punishment should be given, must also be strictly in accordance with the sentencing standards stipulated by law, with a light sentence for misdemeanors and a heavy sentence for felonies, not a heavy sentence for misdemeanors and a light sentence for felonies. In addition, the principle of a legally prescribed punishment for a specified crime has the following important significance in the application of the law. One is the principle of prescription, that is, to determine whether an act constitutes a crime must be based on the legal provisions at the time of the act. Some acts were not defined as crimes by law at that time, but they were defined as crimes after the law was supplemented and amended. According to the principle of a legally prescribed punishment for a crime, the law cannot investigate the acts that occurred before the promulgation of the law. Another meaning is that the court cannot interpret the provisions of the criminal law outside the legal principles, boundaries and legal intentions. The judicial interpretation of the court must be based on legal provisions, must conform to the original intention of the law, and cannot create laws. Third, the principle of a legally prescribed punishment for a specified crime should strictly prohibit analogy. The principle of a legally prescribed punishment for a crime in criminal law is arbitrary in feudal society, and the establishment of this principle is a great progress in modern criminal legal system. Although the Criminal Law promulgated by China 1979 does not clearly stipulate the principle of a legally prescribed punishment for a crime, legislation and law enforcement are still based on this principle. In view of the actual situation at that time, there were few crimes stipulated in the criminal law, and the crime situation was very complicated. There may be some behaviors that seriously endanger society that need to be investigated, but the law does not. Therefore, in order to help combat crimes, the original criminal law stipulated a strictly controlled analogy system on the basis of adhering to the principle of a legally prescribed punishment for a crime, that is, crimes that are not expressly stipulated in the criminal law can be convicted and sentenced with reference to the most similar provisions of the criminal law. The provisions on analogy in the original criminal law are strictly limited to the scope that must be approved by the Supreme People's Court. In practice, the Supreme People's Court is also very strict with analogy, and rarely approves analogy cases. 1979 since the implementation of the criminal law for more than ten years, we have accumulated experience in cracking down on crimes and made some supplementary provisions in due course. The newly revised Criminal Law 1997 has made further explicit and specific provisions on criminal acts and punishments. In order to further improve the judicial system in China and promote the rule of law, the newly revised criminal law abolished the analogy system and clearly stipulated the principle of a legally prescribed punishment for a specified crime. Carrying out this principle is of great significance for preventing judicial staff from abusing their power and protecting citizens' legitimate rights and interests.
Legal objectivity:
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. Article 4 of the Criminal Law of People's Republic of China (PRC) is equal in the application of laws to anyone who commits a crime. No one is allowed to have the privilege beyond the law. The severity of the penalty in Article 5 of the Criminal Law of People's Republic of China (PRC) shall be commensurate with the crimes committed and the criminal responsibilities assumed by the criminals.