罪刑法定原则视野中的职务犯罪立法及其完善

Completion of legislation for crime by taking advantage of duty in legal principle of crime and sentences

我国职务犯罪立法是我国刑事立法的重要组成部分。从刑事立法的科学性角度和我国刑事立法的现实状况来看,我们认为我国刑事立法应当努力追求整个立法"严而不厉"。特别是就职务犯罪立法而言,更应以此为立法指导精神。

The legislation for crime by taking advantage of duty is an important part of criminal legislation of China. From scientific angle of criminal legislation and the present situation of criminal legislation of China, we think that criminal legislation of China should make the whole legislation principle 'strict but not stern'. In the light of legislation for crime by taking advantage of duty, the legislation principle should be followed.