我国刑事立法中存在的若干技术问题

Several Technological Problems in Our National Criminal Legislation

我国刑法不少地方把犯罪主体称为“犯罪分子”,在语言表述上欠准确 ,因为它不能涵盖单位犯罪主体 ,带有某种人格歧视 ,而且用词不经济 ;在应当使用阿拉伯数字的地方使用汉字 ,违背了国家语言文字工作委员会等部门联合发布的《关于出版物上数字用法的试行规定》及 GB/T1 583 5- 1 995国家标准 ;在定罪标准方面 ,有的规定必须“情节严重”,有的必须“情节恶劣”,在司法实践中难以掌握 ;在涉及财产数额的定罪量刑方面有的规定“数额较大”,有的则规定了非常具体的数额 ,说明定罪量刑的标准不够统一。

In our national criminal law,subjects of crimes are often called'criminals'in many cases.This is not an accurate expression,because it doesn't include the subjects of units and it seems to be of personal discrimination.In addition,the words are not economically used.Chinese characters are used in the cases where Arabic numerals are needed.Thus it goes against 'the Proposal Regulation about the Use of Numerals in Publication'unitedly issued by some departments,such as National Spoken and Written Language Working Commmittee etc.It is also contrary to the GB/T 15835-1995 national standard.In the respect of the criteria of conviction,the situation of 'Being Serious'is provided in some cases,while the situation of'Being Abominable'is necessary in some other cases,which is not easy to be managed in the judicial practice.In the respect of conviction and imposing penalty concerning property amount,'Large Amount'is set as the criterion in some cases,and in some other cases,the specific numbers are provided,which means the criteria of conviction and measurement of punishment aren't unified enough.