The Research Of Crime Of Producing And Selling Fake-common Products

Concerning guilty relevant regulations about producing, selling the fake and common products of "Criminal Law of the People's Republic of China" (hereafter referred to as criminal law) revised in 1997, the theory circle of criminal law and judicial practice department often have a lot of queries and difference opinions . In my text, some representative, complicated and controversial questions among them have been discussed comprehensively.This text is divided into five chapters altogether:Chapter one, firstly the guilty concept has been evaluated and analyzed on producing, selling the fake and common products. Then the situation of guilty legislation has been discussed.Chapter two, I have analyzed in detail the elements of that crime, including the analysis of the object. The understanding of products and fake and poor products has been launched into the discussion respectively; The analysis of the objective respect includes mixing, adulterating, passing a fake product off as a genuine one, passing subquality product off as the understanding of the acceptable product; The analysis of the subject, has analyzed producer , seller and unit's crime; The analysis of the subjective respect, has affirmed this crime can only be formed on purpose directly.Chapter three, I have discussed the four divergent issues about which there're exist more different opinions concerning asserting that crime and selling fake and comment products, including the asserting of the immature shape of crime, the sale amount, the complicity, a crime and several offences.Chapter four, to analyze the problem of how to define the relevant crimes, include produce, sell the crime guilty definition of the counterfeit or inferior quality goods, with imitate registered trademark crime and sale imitate registered trademark goods guilty definition, and definition of illegal operation crime of fraud.Chapter five, the guilty legislation current situation has be comment on .The selling amount of money, the law pieces of relation, the subject of crime, that of three issues have been expounded deeply from the angle of legislation, and have offered the suggestion of legislating.