涉盐犯罪的刑法规制

Criminal Regulations on the Crime of Salt

盐关系国计民生,政府历来对其实行专营专卖,并诉诸于刑。我国涉盐行为入罪用刑始于汉代,至唐朝五代十国时期,涉盐犯罪的刑多且更为苛严,最高可处以死刑。宋元时期涉盐犯罪的刑罚有所轻缓,明清涉盐犯罪的刑罚制度已相对成熟完备。新中国成立后,1979年刑法初始规制涉盐的投机倒把行为,1997年刑法主要规制非法经营盐的行为,并辅之规制生产、销售伪劣盐的行为。随着我国盐业体制的改革和变化,非法经营盐的行为应当出罪,刑法主要对涉生产、销售伪劣盐的行为进行规制更为科学合理。

Salt is related to the national economy and people’s livelihood,and it has been monopolized by the government and protected by the criminal law.In ancient China,actions related to salt that constitute the crime and be punished began in Han Dynasty,and there were many kinds of strict punishment for crimes of salt,including the death penalty during the Tang Dynasty and the Five Dynasties and Ten Kingdoms,the punishment was mild in the Song and Yuan Dynasties,and the penalty system was relatively mature and complete during the Ming and Qing Dynasties.After the founding of the New China,speculation of salt was decided as a crime in the criminal law in1979,while the criminal law of1997mainly regulated the illegal operations of salt,and regulated the behaviors such as produce and sell inferior salt.With the reform and change of salt industry system in China,illegal salt operations should not be set as a crime,and it is more scientific and reasonable for the criminal regulation to focus on regulating the activities like producing and selling fake or poor quality salt.