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随着我国市场经济的发展和市场改革的日益深入,二重买卖的现象司空见惯。这不仅破坏了市场交易的秩序,还损害了社会的诚信系统。我国对二重买卖的规制多侧重民事的赔偿,但民法中的违约责任并不能有效抑制行为人对他人财产的侵害。其惩罚力度的微乎其微亦导致市场交易背信行为屡见不鲜。为解决该问题,需要适当运用刑法对二重买卖行为进行规制,包括刑法对二重买卖的界定、动产场合下出卖人对受让人的责任和不动产场合下出卖人对受让人的责任等一系列问题。通过借鉴国外的判例和成功的经验,运用我国刑法对不同情况下的二重买卖行为进行定罪,以加大对出卖人的惩罚力度从而维护社会的诚信体系和有序的市场交易。
With the development of China’s market economy and the deepening of market reforms, the phenomenon of double trading is commonplace. This not only undermined the order of market transactions, but also undermined the integrity system in society. China’s regulation of double trading mostly focuses on civil compensation, but the liability for breach of contract in civil law can not effectively suppress the perpetrator’s infringement on the property of others. The negligence of its punitive efforts has also led to repeated acts of trust in the market transactions. In order to solve this problem, it is necessary to properly apply the criminal law to regulate double trading, including the definition of double trading by criminal law, the responsibility of the seller to the assignee under the chattel and the responsibility of the seller to the assignee on the real estate A series of questions. By using foreign jurisprudence and successful experience for reference, China’s criminal law is used to convict the double purchase and sale in different situations so as to increase punishment to the seller so as to safeguard the social credit system and orderly market transactions.