Research On Crime Of Producing And Selling Fake-common Products

With the socio-economic development, producting and marketing inferior products are increasingly becoming the criminal acts damage the stubborn forces of economic life. Amended in 1997, "Criminal Law of the PRC" on the production of inferior products for sale to the provisions of the crime, to a certain extent on the type of punishment and contain rampant crime, but because of the penal code in the production and sale of inferior goods the crime of the provisions of the specific counts of ambiguity, that the difficult questions, etc., making the operation in practice of this crime continue to plague the administration of justice in the department of practice. At present, scholars on the production and sale of the concept of crime and shoddy products, the form of subjective intent, objective and other aspects of behavior, there are many disputes about the existence of this crime have attempted more controversial form, this article intends to explore these issues This article is divided into five chapters.The first chapter is about the production and sale of inferior goods the legislative evolution of the crime. Two points in this chapter. About the main section I introduce foreign production and sale of inferior goods to enact legislation to regulate the system behavior, our country would like to take this with the production and sale of inferior goods a comparative study of the crime. Products from overseas duty legislation and the relevant provisions of China's legislation, the scope of foreign products and our range of products have a similar place.Comparisons, but overall, our country has a relatively small product range. Section II of the detail about the production of our country, the crime of selling shoddy products Legislative History of the study about the production, sale of goods act of the track system of criminal laws and regulations.The second chapter is about the production and sale of inferior goods and the concept of the constituent elements of the crime analysis. This chapter is divided into four sections. Section I of the production and sale of inferior goods as defined in the concept, the main sector of the theory about the production, selling products to the various definitions of crimes, carried out a comparative analysis of the production and sale of inferior goods crime is defined as: producers, distributors in violation of Product quality management regulations , and industrial and commercial administration and regulations, at doping products, adulteration,fake substitude, substandard products orunquaulified substitude posing as qualified products, sales of 5 million yuan in the act. Section II for the production and sale of inferior goods the main elements of the crime analysis, the main draw of this crime as a general principal. Section III for the production and sale of the crime and shoddy products "intentional" form and "knowledge" of that. First of all, by academics about the controversy over the form of the crime of deliberately drawn up from an analysis of the crime of direct intent deliberately form. For knowing that the main should be aware of that are provided should be aware that the four standards. The fourth quarter for the production and sale of inferior goods elements of the crime and the target object. First of all, by comparing the analysis, the object of this crime to the complexity of the object. Object of analysis of this crime is divided into two parts, first, that is the object of the crime and shoddy products, the two crimes are the object of this crime that Product. Section V for the production and sale of inferior goods behavior crimes. Specific analysis of the production and sale of inferior products, the four behavior patterns: In the product-doped, adulteration;fake substitude;unquaulified subtitude; Product posing as qualified to unqualified products.Chapter III is about the understanding "the amount of 5 million sales " and analysis of failed patterns. Section I as the understanding "the amount of 5 million sales ". Sales include: producers, sellers after the sale of inferior goods from the illegal income; producers, sellers after the sale of inferior products should be illegal income. Section II of this form of analysis of attempted crimes. Explore the specific amount of sales under the age of five million really constitute the crime of attempt. Production and sale of counterfeit product sales less than the amount of 5 million but the amount of their business may reach 5 million or above, people should act that constitutes the crime of the production of inferior goods sales (attempted).Chapter IV is about the crime of production and sale of inferior products. A total of one-third section of this chapter. Section I analyzes the production and sale of inferior goods Crime common crime, the main analysis of the crime of manufacturing and marketing products and inferior common definition of crime, form and practice questions that the administration of justice. Section II for the production and sale of inferior goods easily confused with other crimes of the distinction between crimes. First of all , this section defined the crime of manufacturing and sales of inferior products crime or not, and then focus on the distinction between the production and sale of counterfeit and inferior goods and a registered trademark of the crime of crimes, the crime of fraud and illegal boundaries. Section III for the production and sale of inferior goods and the number of crimes one crime that the crime. This section discusses the production and sale of inferior goods and the Penal Code the crime of the first 141 to 148 provided for the crime; production and sale of inferior goods and the crime of selling him counterfeit merchandise of a registered trademark of the crime happened to imagine the situation of competing ; production and sale of inferior goods and the crime of bribery and counterfeiting a registered trademark of the circumstances involved in the crime happened.Chapter V is about the improvment the legislation of production and sales of China's shoddy product defects crime. Through the analysis of earlier production and sales, we can see our country about the crime legislation and inferior product defects exist, the main ones being: from the social life of the hair of living point of view, the Penal Code provisions on the crime is too broad; to the volume of similar acts to distinguish the different types of crimes with the substance of the general law of irrationality;crime or not amount of sales, misdemeanor and felony criteria are used to cover up the substance of the rational form of the irrational. I made about my country to improve the production of the crime of selling inferior goods legislative proposals: the production, sale and shoddy merchandise criminal offense in general the main difference is that different patterns of behavior rather than differences in the degree of behavior, so emphasis should be on in the Legislative behavior; in the establishment of the provisions of the amount of crime would be a simple change in the sales amount of the standard for judicial discretion of General indicators; in legislative norms on the object should be to include the construction.