The Relationship between Function of Protecting Human Rights and Principle of Conviction by Lawin Chinese Criminal Law

The Chinese characteristic crimen sine lege, nutla poena sine lege law ideal has been established in our country's criminal law. But the fact of criminal law-making had some conflicts and differences between this law idea which affected the function of protecting human rights in criminal law. Therefore, in order to diminish this effect we must use interpretation of legislation and criminal law to remedy these conflicts and differences in using criminal law. Only in these ways can the criminal law embody the principle nullum crimen sine lege, nulla poena sine lege and realize the function of protecting human rights to the great extent in criminal law.