The New Research On Manufacturing And Selling Counterfeit Commodities

As the progressing of our national economic opening policy ,Crimes of Producing and Marketing Fake or Substandard Commodities is becoming a bigger obstacle factors to our marketing economy growth.Now Chinese criminal academic circle have many arguing points in some conceptions such as crime subject ,subjective article will emphasize these arguing points.This theory is divided into three parts, as follows:partâ… : Topics of this article describes the purpose and meaning, at the present stage of our research was probably explain the situation and to the two main lines start at home and abroad, mainly discusses the production, marketing fake and shoddy products focus on the legislative history of the crime of domestic legislative history of the , while the domestic part of the analysis of mainland China are primarily related to the legislative history of Hong Kong, Macao and Taiwan with the legislative information; foreign legislation is the appropriate choice of a representative cross-country were described.partâ…¡: production and sales of fake and shoddy products New Exploration of the crime. As the focus of this part of the text, the author of the production, marketing fake and shoddy products of the six aspects of the crime of controversial issues were discussed. The first aspect, the object of this crime of crimes, the author first carried out shoddy products, interpretation of the definition, in the "inferior goods", "counterfeit products", "fake and shoddy products" to distinguish, the focus of this crime of crimes target range, namely, whether it be limited to "Product Quality Law" set forth in the product? Specific products or items such as restrictions on flow of goods, to prohibit circulation of objects can be the object of this crime of crimes? If you can constitute a crime, the object of this crime, how to distinguish between judicial practice and other specific products of this crime of crimes, etc.? The second aspect, the main aspects of this crime, the author discussed how to distinguish between natural persons in the judicial practice, the main crime and the crimes committed by units of the main issues. The third aspect, the subjective aspects of this crime, for the intent of this crime is the direct intent, indirect intentional, or both of the two identification is directly related to the existence of this crime, attempt to commit any of the problems, which must first sort out the subjective elements of this crime to the next step of the analysis and appraisal. Fourth, this crime Accomplished, attempted connection, the scholars from the penal provisions of the counts of this crime, from the judicial interpretation of the provisions of the existence come to an attempt to commit this crime, but whether the "sales amount of 50,000 Yuan," a distinction between the crime consummated, attempted standards; from the Criminal Law, which were built models to derive from the subjective element in an attempt to commit this crime is not, whether the "sales amount of 50,000 Yuan" is the distinction between the standards established or not, this crime writer in the analysis of the academic With regard to this crime consummated, attempted in view and concluded that this crime in order to "sales amount" as the only reasonable standard of conviction and sentencing of the root causes for disputes among scholars.partâ…¢: production and marketing fake and shoddy products negligent crime legislation and legislative proposals, through the second part of the analysis, I arrive at the legislative model of this crime there are three deficiencies: the "sales amount" as the only conviction and sentencing standards; pairs of natural crime and crimes committed by units of the main body of the conviction and sentencing did not properly distinguish between the plot, while the former is the root cause of the dispute of this crime, it is necessary for this crime the conviction and sentencing standards appropriate amendments.