Humanities & Social Sciences 10 (2016 9) 2465-2474 ~ ~ ~ УДК 343.2/.7(510) Formation of the Basic Principles in the Modern Chinese Criminal Law Pang Dongmeia * and Gao Mingxuanb a Heilongjiang University 150080, Heilongjiang province, P. R. China b 74 Xuefu Road, Nangang District, Harbin, Beijing Normal University No. 19, XinJieKouWai Str., HaiDian District, Beijing 100875, P. R. China Received 28.04.2016, received in revised form 22.06.2016, accepted 05.08.2016 The Articles 3, 4, 5 of the 1997 Criminal Code of the People’s Republic of China (hereinafter – 1997 PRC Criminal Code) provide for the principle of legality, the principle of equality of citizens before the law and the principle of compliance of punishment with crime and criminal liability respectively. <...> These three articles are the legislative innovations for the 1997 PRC Criminal Code. <...> Formation of the basic principles of criminal law is considered to be one of the main problems of the criminal legislation, so in the development of drafts of the Criminal Code in legislative and judicial bodies, as well as among experts there were different views on whether it is necessary to additionally provide for the basic principles in the Criminal Code of China, on which basic principles should be added, how and what chapter in the Criminal Code should describe these basic principles, etc. <...> Keywords: principles of criminal law; principle of legality; principle of equality of citizens before the law; principle of compliance of punishment with crime and criminal justice. <...> This article was prepared within the framework of the key project of the National Natural Science Foundation of China “Study of institutions in the General part of criminal law” (project number: 16AFX008). <...> All rights reserved * Corresponding author E-mail address: pangdongmei71@163.com; pangnajia@mail.ru – 2465 – PRC has enshrined such basic principles as the principle of legality, the principle of equality of citizens before the law, the principle of compliance of punishment with crime and criminal liability. <...> As a rule, a criterion for establishing these basic principles in the current Chinese criminal law Pang Dongmei, Gao Mingxuan. <...> Formation of the Basic Principles in the Modern Chinese Criminal Law is recognized that: 1) all of these principles are characteristic of the criminal law, but it does not exclude the presence of the same principle existing <...>