Research On The Crimes Of Production And Sale Of Fake Medicines

The thesis focus on probing into some problems about the crimes of production and sale of fake medicines with expectation of dedication to research on this crime, starting from our country's existing criminal law based on the practices and sufficiently combining the relevant laws and regulations as well as corresponding theory of criminal law. This thesis is divided into four parts.Part one This part is similar to the introduction with discussion mainly from the history of crimes of production and sale of fake medicines, and in terms of regulation on this kind of crimes in other countries and regions.Part two This part shall be discussed based on the constitution of the crime. the author comparatively analyses all kinds of expression ways and views about the characteristics of Constitution of the crime.Part three This part shall be discussed based on the rules stipulated by existing criminal law against the crimes of production and sale of fake medicines, in order to study three issues which basically constitute the crimes of production and sale of fake medicines, e.g. recognition on "harmful enough to seriously endanger human health"; recognition on "behaviors of producing and selling fake medicines"; recognition on causal relationship between fake medicines and its serious consequences.As for recognition on "harmful enough to seriously endanger human health", two aspects should be considered to judge whether the situation shall lead to "harmful enough to seriously endanger human health" after a discussion in terms of the meaning of "harmful enough to seriously endanger human health" and applicable law. The first aspect is a judgment based on science: taking objective facts such as the nature and components of fake medicines produced and sold by the actor as a judgment basis, and taking pharmacology, pharmacdynamics, pathology, toxicology and clinical medicine as a judgment standard. The second is a judgment from a human being: taking the facts such as nature, components and effects of fake medicines produced and sold by the actor as a judgment basis, and taking the recognition from a human being as a judgment standard.As for recognition on "behaviors of producing and selling fake medicines", the thesis describes the applicable law on behaviors of producing and selling fake medicines in practice, based on the new characteristics of behaviors of producing and selling fake medicines in recent years, especially, the thesis gives a detailed analysis to discrepancies between convicting of crime and handling such crimes.As for recognition on causal relationship between fake medicines and its serious consequences, the thesis probes into applicable law on causal relationship of this crime based on our country's traditional theory of causal relationship.Part four Legislation improvement of the crimes of production and sale of fake medicines. This part mainly includes three parts, e.g. legislation suggestion on recognition on "harmful enough to seriously endanger human health" ;legislation suggestion on recognition on "behaviors of producing and selling fake medicines" and legislation suggestion on recognition on "causal relationship between fake medicines and its serious consequences" .As for legislation suggestion on recognition on "harmful enough to seriously endanger human health", the thesis suggests that the function be vested in the institution for drug control to give evaluation results subject to the consistency between power and duties, and the category of drugs be necessarily defined by the drug administration department, so that the institution for drug control is able to judge whether this kind of drug belongs to four situations prescribed in judicial explanations by "the Two Supreme"(The Supreme People's Court and Supreme People's Procuratorate) after its objective and exact evaluations.As for legislation suggestion on recognition on "behaviors of producing and selling fake medicines", The thesis tries to combine strict liability and the restraining criminal law, and put forward restraining strict liability to introduce it to the recognition modes of this crime.As for legislation suggestion on recognition on "causal relationship between fake medicines and its serious consequences" , the author points out that it is necessary to adopt causal relationship of epidemic disease, fortuitous causal relationship and positive causal relationship respectively according to the severity of measuring sentence in the criminal cases of producing and selling fake medicines.