刑法公平精确性下的生产销售伪劣产品罪

Crimes of Producing and Marketing Fake Commodities from an Agle of Accurate Fairness of Criminal Law

生产、销售伪劣产品罪是我国刑法分则中的一项罪名。立法本应当严格秉持刑法的基本精神——公平,然而我国现行的刑法对于该罪设置欠缺精确性的考究,对于生产者和销售者没有进行责任区分,对生产者和销售者对于伪劣产品的流通数量应担责任大小也没有进行严格区分,同时没有考虑其他危害因素,而仅仅以伪劣产品的销售额作为定罪处罚的依据,这造成了本罪的设置表面看似公平实则违背了罪责刑相适应的基本原则。

Crime of producing and marketing fake commodities are one of the most important criminal charges in Chinese criminal law,it shoule be set more fairer by the legislative body.Howerver,the charge in current criminal law was not considered accurately.There is no distinguish between the producer and the seller,no difference of responsibility for salling amount of fake commodities betwwen them and no other illegal elements.Sales earning is the only factor be took into account.So the set of this charge is fair seemingly,contrary to the principle of suiting punishment to crime substantially.