哄抬价格违法行为认定的研究——以新冠肺炎疫情期间的执法实践为视角

Research on the Identification of Illegal Acts of Raising Prices——From the perspective of law enforcement practices during the COVID-19 period

新冠肺炎疫情发生后,多个地方在防疫用品、民生用品领域出现了价格过快、过高上涨的势头,国家及部分省市价格主管部门在查处哄抬价格违法行为过程中进行了一系列执法探索,客观上促进了价格执法实践的深化,也引发了较多争议。本文试图以疫情期间执法实践为视角,在现有价格法律法规的框架下,对哄抬价格违法行为的立法演变、特点、构成要件、认定条件、违法所得认定进行系统分析,并在结尾提出相关执法建议,试图解决长期困扰执法实践的认定难题。

After the outbreak of the COVID-19, many places have seen a trend of excessively rapid and excessive price increases in the fields of epidemic prevention supplies and people’s livelihood products. The national and some provincial and municipal price authorities have carried out a series of actions in the process of investigating and punishing illegal acts of raising prices The exploration of law enforcement objectively promoted the deepening of price law enforcement practices and also caused more controversy. This article attempts to take the law enforcement practice during the epidemic period as the perspective, under the framework of the existing price laws and regulations, systematically analyze the legislative evolution, characteristics, constituent elements, identification conditions, and identification of illegal gains of price-raising illegal acts, and put sforward relevant information at the end. Law enforcement suggestions try to solve the identification problems that have long plagued law enforcement practice.