Produces Or Sells Fake Crime Of Study

The thesis takes putting into practice as basis, makes some comments about crime of producing, selling quack medicine in connection with legal rules sufficiently:Crime object. The thesis discusses the quack medicine definition and six conditions that some medicines are firmly believed quack medicines. On this basis, it expounds deeply the bound of using other things to counterfeit medicine in the quack medicine definition.Boundary of crime of producing, selling quack medicine and the relevant crime. The author gives these viewpoints: Article 1, in the case of getting unlawful interests 50,000 Yuan or more by producing, selling quack medicine, quack medicines turn not to be enough to endanger human body health gravely, they shall be given crime of producing, selling bad products. Article 2, If criminal act people cheat a lot of public and personal properties by producing and selling quack medicine and these quack medicines are not enough to endanger human body health gravely, they are decided for crime of fraud. On the contrary, these quack medicines are not enough to endanger human body health gravely, criminal act people are decided for crime of fraud and crime of producing , selling quack medicine. Article 3, criminal act people who don't have Operating License for Medicine can be divided into two types: firstly, criminal act people who selling medicine without Operating License for Medicine, containing some quack medicines are decided for crime of fraud. Secondly, criminal act people who selling quack medicine without Operating License for Medicine and Producing License for Medicine are decided for crime of producing , selling quack medicine.Legislation perfection of crime of producing, selling quack medicine. In order to link criminal law and administrative law together smoothly and defend the legal institutions unitarily, from the analysis of nature difference between the act of using medicines by medical establishments and the act of selling medicines, the author advocates giving criminal sanctions to medical establishments usage quack medicine behavior. It means that "crime of using quack medicines by medical establishments" should be increased in legal law. And the author gives explanations in detail.