论生产、销售伪劣产品罪中的“冒充”行为

THE DISCUSSION ON CONCERNING SIN OF PRODUCING AND SELLING SCHLOCK PRODUCTS

生产、销售伪劣产品罪是指违反国家产品质量监督管理法规,故意在产品中掺杂、掺假,以假充真,以次充好或者以不合格产品冒充合格产品,销售金额在5万元以上的行为。该罪的理解在理论上和实践中一直存在诸多争议,尤其是对该罪客观方面的"冒充"行为如何界定没有达成一致,这种局面不利于有效的打击该类犯罪,有必要予以澄清。从"冒充"的内涵和外延两方面进行理解,明确了冒充行为的性质特征。

Producing and selling schloek products are acts in violation of product quality supervision and management, including adulterating, taking substandard products as fine products, or mixing the false with the genuine and sales amount is over 50 thousand Yuan. There has been controversy on understanding the crime in theory and in practice, especially on defining the crime of imitation objectively. This kind of situation is not effective against crime. It is necessary to be clarified. The natures and the features of the action are cleared from intension and extension in this paper.