关于挪用公款罪立法解释的理解与思考

Understanding and Consideration on the Legislative Interpretation of the Crime of Embezzlement of Public Funds

全国人大常委会《关于刑法第三百八十四条第一款的解释》在"归个人使用"的含义上将"个人"与"单位"作为同位概念提出来,是对挪用公款罪传统认识的突破。同时,对该解释的"个人决定"、"以个人名义"、"以单位名义"和"取谋个人利益"要加以正确理解。

This article points out that it is a breakthrough of the traditional understanding about the crime of embezzlement of public funds when the Interpretation to the First Paragraph of Article 384 made by the National People's Congress referring danwei as the synonymous concept of the individual in interpreting the meaning of the term 'for private uses'. However, it is advised that the meanings of some terms, e.g., 'personal decision', 'in the name of an individual', 'in the name of a danwei' and 'seeking private interests' used in the abovementioned Interpretation should be correctly apprehended in judicial practice.