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刑法规范既要按照罪刑法定原则的要求保持基本的明确性,又不得不保持一定的张力以适应社会生活的需要,这就要求其必须具有一定的概括性。在刑法用语的明确性和概括性之间如何保持平衡,对刑事立法技术提出了较高的要求。慎重设置兜底式规定,避免绝对确定和绝对不确定的法定刑,恰当对待刑法规范的例外规定等,有助于在刑事立法上实现上述平衡。与此同时,刑法用语也应该尽量避免粗糙、追求精致。
The norms of criminal law not only maintain the basic clarity in accordance with the legal principle of legally prescribed punishment, but also have to maintain a certain tension to meet the needs of social life. This requires that it must have some generality. How to maintain the balance between the clarity and generality of the terminology of criminal law and put forward higher requirements on the technology of criminal legislation. Prudently setting out the baggy rules, avoiding absolute and absolute uncertainty of the statutory punishment, proper treatment of exceptions to the provisions of criminal law, help to achieve the above balance in criminal legislation. At the same time, the terminology of criminal law should also try to avoid roughness and pursue exquisiteness.