注水肉类案生产、销售伪劣产品罪的刑法体系解释

Interpretation of the Criminal Law System for the Crime of Producing and Selling Counterfeit and Inferior Products in Water Injection Cases

对于注水猪肉或注水牛肉,只要符合前置法所要求的质量标准,就不应当被认定为刑法中“掺杂、掺假”或“以次充好”的伪劣产品,并构成生产、销售伪劣产品罪。但司法实践中却存在大量引发争议的有罪判决。主要问题在于刑事司法忽视了刑法条文体系解释的运用。条文体系解释是避免司法合法与个案正义相冲突的第一道防线,其合理性与正当性的基础与指向为同类解释规则与法益保护目的。同类解释规则的基本内容是同等情形同等对待,参照的是刑法列明的最严重行为或后果,功能在于作为出罪或刑轻的理由。生产、销售伪劣产品罪的法益内核为消费者权益,其次才是市场秩序。按照法秩序统一性原理,前置法或前置规范中属于合格产品的,不应被解释为刑法中的伪劣产品。合格产品是构成本罪中“掺杂、掺假,以假充真,以次充好”解释的限度条件。

For water injected pork or beef,as long as it meets the quality standards required by the preceding law,it should not be recognized as"adulterated"or"shoddy"counterfeit products in the Criminal Law thus constitute the crime of producing and selling counterfeit products.However,there are a large number of guilty judgments in judicial practice,which have sparked controversy.The main prob-lem with guilty verdicts is that criminal justice overlooks the application of the interpretative system of criminal law provisions.The interpretation of the article system is the basic guarantee of case justice and the first line of defense to avoid conflicts between judicial legality and case justice.Similar interpretation rules and the purpose of protecting legal interests are the basis and direction for the rationality and legiti-macy of the interpretation of the article system.The basic content of similar interpretation rules is that e-qual situations can be treated equally.The most serious acts or consequences listed in criminal law are the basic reference for similar interpretation standards.The function of similar interpretation rules is to serve as a reason for committing a crime or lenient punishment,rather than the opposite.The legal pro-tection of the crime of producing and selling counterfeit and inferior products is centered on consumer rights,followed by market order.According to the principle of unity of legal order,products that are qualified in the preexisting laws or preexisting regulations should not be interpreted as"adulteration"or"shoddy"in criminal law.The choice between"adulteration,counterfeit,passing off fake products as genuine,and passing off inferior products as good"and"passing off unqualified products as qualified products"in criminal law norms is not a choice element of constitutive requirements,but the latter is a legal characteristic element of the former.Therefore,the constitutive requirements of this crime should be supplemented and explained.Qualified products are the limiting conditions for the interpretation of"adul-teration,counterfeit,passing off fake products as genuine,and passing off inferior products as good"in the crime of producing and selling fake and inferior products.