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罪刑法定原则对法律条文的要求更高,其基本要求“一是刑法的法定化、实定化,一是条文的明确化。前者要求刑法中的犯罪与刑罚,必须有条文规定,必须作实体的规定;后者要求条文的规定,必须意思确切,文字清晰,不容稍有混淆。”而97刑法第384条虽然对挪用公款罪作出了详细的规定,但仍存在不少缺陷,违背了罪刑法定原则的基本要求,给司法实践带来不少困惑,影响了对挪用公款犯罪的查处,因此有必要完善挪用公款罪的立法。
The principle of legally prescribed punishment for crimes requires a higher degree of legal provisions. The basic requirement is that “one is the statutoryization and deconstruction of the criminal law and the other is the clarification of the provisions.” The former requires that crimes and penalties in the criminal law must be provided for and must be made The provisions of the latter requirements of the provisions must be precise meaning, the text is clear, not to be confused. "97 Although Article 384 of the Criminal Code made the detailed provisions on embezzlement of public funds, but there are still many shortcomings, contrary to the The basic requirements of the statutory principle of crimes and punishments bring a lot of confusion to the judicial practice and affect the investigation and punishment of embezzlement of public funds. Therefore, it is necessary to improve the legislation on embezzlement of public funds.