Throughout the history of China's criminal law, it is not difficult to find that these three principles established by China's new criminal law have been incisively discussed and clearly defined in ancient Chinese legal culture.
● The three principles established in China's new criminal law are the inevitable result of the development of China's ancient legal culture and modern legal new culture for more than 4,000 years, and are by no means copies or reproductions of foreign western legal culture.
China is one of the ancient civilizations in the world, and its legal culture has a long history and is praised by the world. At the same time, China is one of the fastest-growing countries in the world, which has accumulated rich and valuable fresh experience for China's modern legal culture and attracted the attention of all countries in the world. The determination of the three principles of China's new criminal law is the natural trend of the development of China's inherent legal culture, which is by no means "a legally prescribed punishment for a crime" advocated by some scholars, but "originated from the British Magna Carta, the petition for rights and the Bill of Rights". As a slogan, "everyone is equal before the law" is the product of "natural human rights" and "human rights declaration" formally put forward during the bourgeois revolution; "The principle of suiting crime to punishment is a criminal law theory put forward by bourgeois enlightenment thinkers in the late18th century to oppose arbitrary punishment of feudal autocracy" and so on.
The reason is simple: the development of things is the result of their internal contradictions and struggles. External influence is only the condition of its development and change; Internal cause is the basis of its development and change. Besides, China has been a sovereign and independent country since ancient times and has never been a dependency or colony of any foreign country. China's legal system includes the development and changes of criminal law principles. How can it be said that it is the result of pure foreign influence?
Throughout the history of criminal law in China, it is not difficult to find these three principles established in the new criminal law of China. In ancient Chinese legal culture, there have been incisive expositions and clear provisions. If there is influence between countries, whether China has influenced foreign countries or foreign countries have influenced China, historical facts have long been conclusive. Don't underestimate yourself, forget your ancestors for many times, say what you must call the west, and tell the truth to foreigners. Of course, we should learn from foreign advanced ideas and successful experiences. But we can't go against history and reverse the master and slave. ....