伪劣商品犯罪的经济分析

刑法的经济分析理论是一种崭新的研究刑法规范设置的成本与效益的理论。伪劣商品犯罪作为谋利型的经济犯罪,其成本与“效益”的关系尤为突出,依据刑法经济分析理论,我国伪劣商品犯罪屡禁不止的原因是国家支付刑罚成本虽高,但因刑种、刑度设置的不合理,以及刑罚确定性低而导致刑罚效益低,致使刑罚的投入量与刑罚效益不对称。要遏制生产、销售这类犯罪,就必须应调整伪劣商品犯罪的刑罚结构,限制自由刑的适用,扩大财产刑的适用范围,增设资格刑,并提高刑罚的确定性,以较低的刑罚成本获取最佳的刑罚效益。

An Economic Analysis of Offenses Concerning Fake and Inferior Goods

The economic analysis of criminal law is a completely new theory that is based on the study of cost and effect of criminal norms. Since offenses concerning fake and inferior goods are for the purposes of pursuing economic profits, they are characterized by cost and effect. Based on the economic analysis of criminal law, this article observes the cost and effect of offenses concerning fake and inferior goods in China. It holds that the problem lies in that the cost of imposition of punishments by the state is too high, while their effect is low because of unreasonable classification and severity or uncertainty of these punishments. Thus inequality exists in input and outcome. These authors maintain that we should adjust the structure of criminal punishment, limit the imposition of penalty of freedom, extend the application of pecuniary punishment, increase the penalty of disqualification and enhance the certainty of the punishment so as to achieve the best effect with the lowest cost.