工程偷工减料行为之刑法规制:反思与纠正

Criminal regulations for the behavior of jerry-build in engineering:reflection and correction

针对工程偷工减料行为,无论是修改立法还是通过生产、销售伪劣产品罪规制都不可行。创设过失危险犯违反过失犯理论,新设罪名难度较大,无法解决当下问题;生产、销售伪劣产品罪的文义和保护客体与之不符,其适用将招致更大的困难。对此,应当纠正当前认定重大安全事故的认识错误,重新界定工程重大安全事故罪规制范围,进而将工程偷工减料行为纳入本罪范围之内,实现合理规制。

Regarding the behavior of jerry-build in engineering,it is not feasible to modify the legislation or to regulate by the crime of producing or selling fake or inferior products.Creating a crime of negligence and danger violates the theory of the crime of negligence.It is more difficult to establish a new charge and cannot solve the current problem;the textual meaning and protection object of the crime of producing or selling fake or inferior products are inconsistent with it,and its application will cause greater difficulties.In this regard,it is necessary to correct the current misunderstanding of identifying major safety accidents,redefine the scope of regulation of the crime of major safety accidents in engineering,and then include the behavior of jerry-build in engineering into the scope of this crime to achieve reasonable regulation.