Research On Crimes Of Producing And Marketing Fake Or Substandard Medicines

At present,the crimes of producing and marketing fake or substandard medicines in our country has been a serious trend continued,seriously endangering people's health and lives,our country must face up to this very serious problem,and improve relevant laws,crack down on efforts to protect drug safety."The Drug Administration Law of PRC "has amended in 2001,by that time the supervision on manufacture and sale of fake or substandard medicines has become powerful,but the crimes of producing and marketing fake or substandard medicines is still not uncommon.The prescript of the crime of fake or substandard medicines in our criminal law is imperfect,therefore,in judicial practice,the supervision on manufacture and sale of fake or substandard medicines from criminal law is helpless and unable.So many "difficulties" in reality tell us that it is necessary for our country to perfect our criminal law to supervise the criminal of producing and marketing fake or substandard medicines thoroughly and effectively.In this thesis,the author described three questions about the prescript of the crime of fake or substandard medicines in our criminal law and give this three corresponding question for each of the proposal of perfection.The three question conclude that the concept of fake medicine and substandard medicine is unscientific,the objective aspect of the crime of producing and marketing fake or substandard medicines is difficult to judge,and how to deal with when medical institutions use fake medicine and substandard medicine.In chapter one,author classify the legal concept of medicine,fake medicine, substandard medicine.At the same time,author also make a brief introduction of drug crime legislation.Chapter two of this article discusses the concept of fake medicine and substandard medicine in our country is unscientific and non-critical.And point out that these deficiencies bring the judicial practice with many difficulties.On this basis,the author suggest to combine the concept of fake medicine and substandard medicine,and point out how to make the concept's more strict and normative. Chapter three of this article discusses the problems existed in the judgment of objective aspects of the crime of producing and marketing fake or substandard medicines.Including that the lack of standards on the judgment of "serious enough to endanger human health",and how the act that simple production of fake medicines should be.Then the author advance some corresponding recommendations.Chapter four of this article discusses how to punish the medical institutions when they use fake medicine or substandard medicine.The author advance the personal opinion to solve this problem after analyzing the current controversies on this problem.