The basic principle of criminal law, is refers to through the whole criminal law norms, guidance and control of criminal law activities is of fundamental significance criterion. It has three characteristics: first, the basic principle of criminal law must be throughout the whole criminal law principle; second, is the guidance and control all the criminal legislation and criminal justice of the basic principle of criminal law significance; third, the basic principle of criminal law must reflect the criminal legal system of our country basic properties and the basic spirit. Article third of the criminal law to Article fifth stipulates the three basic principles of criminal law, namely the principle of legality, criminal law the principle of equality and the principle of suiting punishment to crime.
   One, the legal principle of crime and punishment
   1, the meaning and requirements of the principle of legality
   The crime punishment legal principle implication is: what is a crime, what crime, what is the constitution of all kinds of crimes, which kind of punishment, the penalty for how to apply and various kinds of concrete crimes to specific sentencing range, by the criminal law stipulated. For the specified sub no crime shall not be convicted and punished. To sum up, is "nullum crimen sine lege, nulla poena sine lege". China's criminal law third has established the principle, stipulates: "the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished."
The basic requirements of the principle of legality is: (1) legal, namely the crime and penalty must be expressly provided by law, are not allowed to judge free. (2) is fixed, which is for what behavior is a specific legal consequences of crime and crime would be made legal substantive provisions. (3) clear, namely, the criminal law must clear text, meaning exactly, not talk ambiguously or ready to accept either course.
   2, the principle of legality embodied in legislation
   Criminal code in 1997, revised in March, from the perfect punishment criminal law, protection of human rights in China, clearly stipulates the principle of legality, and abolished analogy. The new criminal law revised in the third article of the legal principle of crime and punishment to be expressed, and in the new criminal code and the criminal law amendment and single criminal law systematically, embodies the principles: first, as the penal code in 1979, the new criminal code and the criminal law amendment and single criminal law implementation crime and punishment legal. Statutory crime for specific performance: defined the concept of crime; clearly stipulates the common requisites in constitution of crime; clearly defined elements of various specific crime. Legal penalty for specific performance: Specifies the kinds of punishment; clearly stipulates the principle and system of punishment and sentencing; stipulate the specific crime legal punishment. Second, the new criminal code to cancel the analogy system of penal code of 1979 stipulated in article seventy-ninth, this is the principle of legality is an important prerequisite for the real implementation of the. Third, the new criminal code reiterated the criminal code in 1979 ninth about criminal law in the retroactivity issue from the old and mitigating the principle, and made further clear, specific provisions. Fourth, in charge of the new criminal law provisions, and subsequent amendments to the criminal law and special law has already been quite perfect. Provisions from 103 in 1979 to 350, crime number increased from 130 in 1979 to more than 400. Fifth, in particular the constitutive elements of the crime or the crime and the legal punishment of crime of setting, the new criminal code and subsequent amendments to the criminal law and special law also enhance the operability of the law. For a large number of crime, try to prove guilt; in criminal penalties, focus on the specific circumstances of sentencing.
   Two, the application of criminal law the principle of equality
   1, the principle of equality of the meaning of criminal law
   Everyone is equal before the law is the general principle of socialist rule of law established by the constitution. All applicable law should embody the principle of spirit. The application of criminal law is directly related to the citizens of a certain freedom deprived of even related to personal wield absolute power based on the principles of the constitution, can carry out thoroughly in the criminal law field, more to attract sb.'s attention. In view of the application of criminal law is not equal phenomenon in the judicial practice of our country is more serious at the present stage, the new criminal code article fourth stipulates: "the crime of any person, in the equal application of the law. People will not allow any privilege beyond the law." This is the application of the principle of equality in criminal law.
   The basic meaning of the principle of equality in criminal law is applicable to anyone who commits a crime:, should be subject to legal responsibility; the same plot of crime, the conviction and punishment should be equal; any person from crime, should be protected by law, and shall be subject to criminal victims have the same rights as the same protection; no person shall enjoy beyond the law of privilege, not because of the special identity, the offender or victim status, or different class, ethnic, religious belief and the crimes and criminals to different penalty.
   And 2, the principle of equality of criminal law
   The principle of equality in criminal law, the form is not absolute equality, for some specific identities of people, because of the influence of the existence of this identity for the behavior of social harmfulness and its degree, thus the boundary of crime and non crime and sentencing in some degree of distinction between. This legislation is the form of inequality to embody the equality in essence, is the proper meaning of equality.
   Three, the principle of suiting punishment to crime
   1, the principle of suiting punishment to meaning
   Criminal law provisions of article fifth of China's revised: "the degree of punishment shall be with crime, criminal responsibility and commitment to adapt." This provision is the principle of suiting punishment to crime.
The principle of suiting punishment to crime meaning is: how much crime, should bear much of the criminal responsibility, the court also sentenced the severity of punishment, punishment to felony, misdemeanor and light punishment, penalty according to the crime, principle of suiting; in the analysis of the severity of the crime and criminal responsibility in hours, not only the objective social to see the harmfulness of crime, but also to consider the subjective malignant behavior of human body and human risk, grasp the social harmfulness degree comprehensive reflection of various factors of crime and criminals, so as to determine the extent of criminal responsibility, the severity of the punishment for the corresponding. Thus, the severity of punishment is not simply with the crime committed by an offender to adapt, but also bear the criminal responsibility and criminal suit, namely between crime and punishment through the intermediary of criminal responsibility to adjust.
   2, to reflect the principle of legislation of criminal responsibility
   China's criminal law except as expressly stated the principle of suiting punishment to crime, in other legislative content has always been permeated with the spirit of the principle of suiting punishment to crime. Concrete manifestation of this principle in the criminal law is: first, to establish a scientific system of punishment. China's criminal law establishes a scientific system of punishment, the penalty system by different methods. All kinds of penalty methods differ from each other and mutual connection, can be flexibly according to the different situation of crime, so as to realize the criminal justice of criminal punishment laid the foundation principle. Second, the principle of punishment stipulated differently. Our country criminal according to risk the size of various behavior of social harmfulness degree and the crime person, provides the severity of other punishment principle. For example, for a minor crime, shall be given a lighter or mitigated punishment; for the deaf mute or blind person who commits a crime, he may be given a lighter, mitigated punishment or be exempted from punishment; crime in preparation, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment; for attempted offense, can compare with both and make a lighter or mitigated punishment; for the discontinuance of crime, caused no damage the, shall be exempted from punishment; damage is caused, be given a mitigated punishment. In the common crime, provision for the ringleaders who organize, leads a criminal group, shall all crime punishment group made; for the other principal, shall participate in or organize, command of all criminal punishment; the accessory, shall be given a lighter, mitigated punishment or be exempted from punishment; the instigator, should according to the circumstances of his crime a mitigated punishment or be exempted from punishment. For excessive defense, avoiding excessive constitute crimes, shall be reduced or exempted from punishment. Third, set up the weight different sentencing range. China's criminal law not only according to the nature and seriousness of the harm of crime, a crime system, but also for all kinds of concrete crimes can be separated, can flex, larger legal punishment. This makes the judicial organs may, according to the nature of the crime, crime, crime subjective malignant degree of size, the criminal punishment.