Research On Related Problems Of "Fake Drugs"

Research purpose and significance:With the development of social economy,and the booming of the new internet medias, such as " weibo " and " weixin " in recent years, drug safety issues often become public events.People rapidly increase the awareness about food and drug safety. And drug safety is increasingly becoming a wholly social "focus ". There are a wide range of pharmaceutical drugs in the market, some of them on sale are "fake drugs" which are suspected to be false propaganda. These commodities are head-marked by registered document of Approval for medicine like "shi","jian","xiao","zhuang" etc., and the false propaganda of drugs indications leads to deceiving the consumer to make a purchase. Such "fake drugs" not only don’t have their propagandistic efficacy, and have brought great risks to the physical and mental health of people, but also disrupt the normal order of the drug market, and hinder the healthy development of the pharmaceutical industry. It is believed that through the deeply studying of the "fake drugs" phenomenon in the drug market and finding out the regulations of the market, it shall be propitious for the central and local levels of the governments to rectify and standardize the management of the "fake drugs" in the market, to keep the "fake drugs" phenomenon down, and to stabilize the market order of pharmaceutical industry.Research contents:(1) Through studying the definition and general regulatory approach of non-pharmaceutical products and counterfeit drugs in foreign countries combined with the actual situation of the "fake drugs" phenomenon in our market to clarify the "fake drugs" concept and the "fake drugs" regulatory status in our country;(2) According to the analysis of the current "fake drugs" basic forms in China and the "fake drugs" illegal act during the circulation process in the market combined with relevant laws to reveal the illegality of the "fake drugs";(3) Through the analysis of typical cases, to propose problems in the regulation of the practice of law enforcement;(4) Through extensive investigation of the drug market and all kinds of people, to get the reasons caused "fake drugs", forms and current situation of "fake drugs" in market circulation, as well as the people’s cognition, attitudes, and the way of shopping on the "fake drugs". Finally find the way to enhancing the capacity for distinguishing "fake drugs" and the ability to reject "fake drugs";(5) Some suggestions on supervision are proposed according to the grassroots supervision of law enforcement and the actual problems that exist combined with "fake drugs" legislation defects.Methods:(1) Inductive analysis method. Sum up and analyze the forms, laws and regulations related to "fake drugs";(2) Case study method. Revealing the current "fake drugs" cases illegal trend and difficulties in dealing with through analysing several typical cases in order to construct some countermeasures;(3) Questionnaire survey. A questionnaire was designed to consumers in Zhejiang Province as the main respondents. The research conclusions were got by statistical analysis methods.Results:There are four major infractions for "fake drugs" containing exaggerated propaganda, adding pharmaceutical ingredients without authorized, illegal packaging labels and illegal product approval number. In fact, the illegal propaganda and sales of "fake drugs" have reached a very large scale, especially with the use of the internet platform which has great concealment and wide influence for selling "fake drugs", as well as there are lack of special laws and regulations to restrict the "fake drugs". All the above make it difficult for "fake drugs" supervision. The author analyzed the causes of "fake drugs" formation in three aspects, and proposed countermeasures in the aspects of the social public, the government’s enforcement, internet governance and the legislation to solve the problem of "fake drugs".Conclusion:There is a huge security risk in "fake drugs", it disrupts the drugs market and hinders the pharmaceutical industry developed healthily. The goverment has weak regulation in "fake drugs" because of the lower regulation level, cognitive level of people and legal loophole. Regulation of "fake drugs" needs to be improved on the legislation, at the same time, it is necessary to make "fake drugs","adulterated drugs" and "misbranded drugs" into the scope of the definition of counterfeit drugs in order to ensure that there are laws for fighting with "fake drugs". On the other hand, it also needs more government departments, within the scope of their respective responsibilities, to work together to regulate the "fake drugs" both in production and circulation aspects to crack down on illegal and criminal behaviors. At the same time, some publicity and training work should be done to enhance the level of social public awareness and make people consciously boycott the "fake drugs". At last the flooding situation is kept down and the purpose of effective supervision is achieved.