Criminal Law Application Research On Crimes Of Producing And Marketing Fake Or Substandard Commodities

This thesis focus on the research of "fake or substandard commodities" in the crimes of producing and marketing fake or substandard commodities,and do some research on the criminal law application problems about crimes of producing andmarketing fake or substandard commodities from three aspects,which are definition of fake or substandard commodities, number determination and some special fake or substandard commodities, in order to help judicial practice to determine guilt and weigh the penalty more accurately.In partâ… , it focuses on the scope and definition of fake or substandard commodities. In the author' s opinion, the scope of product in the crimes of producing and marketing fake or substandard commodities is the same as in the (the law on product quality ). Blood and historical relics are not deemed as a product, while the building material and blood products are. Fake or substandard commodities refer to the product that is mixed impurities into or adulterated, or a fake product that is passed off as a genuine one, a defective product as a high-quality one, or a substandard product as a standard one. Unqualified products include the products that are not qualified on packing, but don' t include the products that are not qualified on label. A defective product as a high-quality one not only includes the product that is passed off as other product, but also includes the product that is falsified in the geographical mark. A substandard product as a standard one doesn't include the counterfeit- trademark product. If the products are determined to be mixed impurities into or adulterated, the products must be determined unqualified according to impurities. "Fake product" in passed a fake product off as a genuine one has the same nature as "impurities" in mixes impurities into or adulterates the products.In partâ…¡, it discusses the amount determination of fake or substandard commodities. First, the amount of earnings from sales not only includes the amount of earnings from actual sales, but also includes that from potential sales. Second, since the amount of product value is meaningful, the thesis mainly analyzes the difficulties on the amount of product value determination,it should be determined according to the preferential price when the former price and the preferential price exist at the same time, it should be determined according to false amount when loss in weight. The theory above is also applicable to determination of the amount of earnings from sales counting.In partâ…¢, it focuses on producing and marketing some kinds of special fake or substandard commodities. First, it is law concurrent between provision 140 and provision 141 to 148 in criminal law. For producing and marketing some special fake or substandard products, such as drugs, food,medical apparatus etc, it should be determined according to law concurrent theory. Second, it analyzes the situation of producing and marketing fake or substandard commodities with counterfeit registered trademark. It is implicated relation between counterfeiting registered trademark and producing and marketing fake or substandard commodities, in purpose and method. At last, it analyze the situation of producing and marketing fake or substandard cigarette, salt without permission, there is no law concurrent between the crimes of producing and marketing fake or substandard commodities and the crimes of illegal business operation. Because "without permission" is a kind of state rather than a kind of behavior, it is imaginative concurrent offense producing and marketing fake or substandard cigarette, salt without permission, though the behavior violate two crimes.