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我国刑法生产、销售伪劣产品罪的构成要件实行行为仅为生产、销售行为,运输、仓储、邮寄等行为(以下简称“运输类行为”)不能单独构成生产、销售伪劣产品罪。对于此类只能按照刑法总则关于共犯的规定来追究此类行为人的刑事责任,由于我国刑法以作用大小作为区分共犯中主从犯的主要标准,直接导致司法实践中“运输类行为”同样被认定为主犯,由此产生了罪刑不均衡、不公平的问题。我们应借鉴国外共犯分类理论,明确运输类行为作为帮助行为,在生产、销售伪劣产品共同犯罪中属于从犯地位,以此实现罪行均衡和法律适用统一。
The criminal acts of producing and selling fake and substandard products in our criminal law act only as crimes of production and sales, transportation, warehousing and mailing (hereinafter referred to as “transport class behavior”) and can not separately constitute the crime of producing and selling fake and shoddy products. For such cases, the criminal responsibility of such actors can only be investigated in accordance with the provisions of the General Provisions on Accomplice in Criminal Law. Because of the role of criminal law in our country as the main criterion for distinguishing between accomplice and accomplice, The same was identified as the main culprit, resulting in the crime of an imbalance, unfair issue. We should draw lessons from the classification theory of foreign accomplice to make it clear that transportation acts as a helping act and a crime committed in the joint crime of producing and selling fake and shoddy products, so as to achieve a balance of crimes and uniform application of law.