Problems Of Production And Sale Of Fake Or Substandard Products

The crime of manufacturing or selling counterfeit or inferior products refers to the behaviors that manufacturer adds counterfeit or inferior components in products, passes fake or shoddy products off as real product or ones of high quality, or passes disqualified products off as qualified ones with sales amount of more than RMB50,000, or the value of goods is more than RMB150,000. In judicial practice, the incidence of this criminal case is very high and there is also some difficulty in identifying such case. The various behaviors of manufacturing or selling counterfeit or inferior products in the realm of market economy are not only the corrosion and destruction on the good social credit system but a challenge on socialism law. The behaviors of manufacturing or selling counterfeit or inferior products involve extensive ranges, have various means are, and cause serious consequences, which have reached to a certain degree and been a highlight problem in influencing the normal production and sales of enterprise, persecuting the life and consumption of people and hindering the healthy development of national economy. We shall identify those crime-related difficult problems theoretically in clear shape so as to fight with those criminal behaviors involved in manufacturing or selling counterfeit or inferior products in a better way.The author makes the discussion in five aspects, with stress laid on sales income of the crime, abortive form of the crime, complicity of the crime, the quantity of crime, subjective cognizance of the crime, expects to hold the scientific meanings of this crime from the aspect of theory, and then raises some legislative suggestions on perfecting the crime of manufacturing or selling counterfeit or inferior products. The whole paper is composed of five parts as below:Part I Sales income of the crime of manufacturing or selling counterfeit or inferior products. Discuss the legislative history, criminal meaning, understanding and calculation of the sales amount of the crime of manufacturing or selling counterfeit or inferior products. The sales amount shall be modified as monetary amount and taken into comprehensive consideration with together with other situations. Part II Abortive form of criminal of manufacturing and selling counterfeit commodity . The section, with respect to the disputes between the academic circles and practical circle on whether or not there exists abortive form of criminals of manufacturing and selling counterfeit commodity, raises and discusses there surely exists abortive form of criminals of manufacturing and selling counterfeit commodity.Part III Complicity of the crime of manufacturing or selling counterfeit or inferior products. This section mainly discusses the condemnation and punishment in respect of the joint offence in manufacturing and selling counterfeit commodity.Part IV Quantity of the crime of manufacturing or selling counterfeit or inferior products. Clarify some easily-confused concepts through analyzing the situations of quantity in legal practice on the crime of manufacturing or selling counterfeit or inferior products.Part V Subjective cognizance of criminal of manufacturing and selling counterfeit commodity. This section discusses the viewpoint that the intention of such criminal can only be the direct intention and that the performer shall, in the subjective thereof, have the purpose of illegally gaining profits.