Abstract
The basic principle of criminal law plays an important role on the formulation of punishment code one, among them have special guidance and practise the meaning in the basic principle especially in legal principle of crime and punishment. Crime legal principle run a country result of thought as law, capitalist era personal standard in legal requirement and reflection idea of free competition at first, thereafter, through constant development being complete, have reflected the modernized state with an adequate legal system to the self-value and protected the double requirement for social value gradually. It is to carry out the legal primary work of crime and punishment to probe into the legal basic intension of the principle of crime and punishment, the legal intension of crime and punishment is a profound question in the criminal law theory. The spiritual essence of the legal principle of crime and punishment is to ensure human rights, expand freedom, this is justice that there should be of a legal doctrine principle of crime and punishment and deep intension. The legal principle of crime and punishment was put forward by the idea based on that the human rights of criminal law ensures the function to have priority, without idea that human rights ensures the function to have priority, the legal principle of crime and punishment has just lost prerequisite and meaning had and developed. But meanwhile, we should treat the legal principle of crime and punishment with the eyes of dynamic, history, development. The legal principle of crime and punishment no matter by what kind of form appears, it has contacts with particular social background, historical condition,etc. to echo, it is to political state, reflection of the class struggle at that time and particular, but the spiritual essence of the legal principle of crime and punishment would not change with changes of history, it will also be becoming better and approaching perfection day by day with arrival and development of the modern civilized society to be opposite. This text will direct against the characteristic of the criminal law principle, will describe historical origin, evolution that the legal principle of crime and punishment will be produced systematically, and domestic and international scholar and view of each school, analyse in depth inherent value such as the abuse of restriction penalty right that the legal principle of crime and punishment contains, ensuring human rights and protecting the society.
Key words: Principle of legality, Penalty right, Protection of human rights, Basic content
