Crimes Of Producing And Marketing Fake Commodities From An Agle Of Accurate Fairness Of Criminal Law

As everyone knows, fair is one of the most important basements of law. The fairer of the law, the more civilized of the rule of law. Criminal law is the Great Charter of the good people as well as the criminal. The basic principles of China’s criminal law attempt to protect the defendant to get the penalty fairly through clera the equality of guilty, responsibility and penalty. Our law is in the process of perfect. For example, driving under the influence of alcohol, dragging racing and not paying labour reward will be regarded as guilty in Amendment Ⅷ to the Criminal Law of the People’s Republic of China, criminal law will restrict the abatement from penalty and improve maximum statutory of combined punishment for several offenses. However, because of the oversight of legislation,there are some unfair parts in criminal law, crimes of producing and marketing fake commodities are one of them.Crimes of producing and marketing fake commodities are the most important crimes among the crimes of undermining the socialist market economic order in criminal law. The crimes seem fair, however not in nature because of the simple and careless consideration of conviction and measurement of penalty in legistion theory and jucicial practice. This paper will analysis the disadvantages of the crimes from the angle of theory and demostration, and offer some proposals under the fair of criminal law. So this paper is divided into seven parts.Part one is introduction, mainly introduce the background of demonstrated, including the research status of domestic and overseas law experts, the significance of this research topics, and the source used by this paper etc.Part two is mainly to demonstrate the background and the aim turning the crimes of producing and marketing fake commodities into criminal law. I will deduce the legislation aim on the basis of the economic development situation since the reform and open and the new criminal law was enacted in1997.Part three is mainly to introduce the legislation and theory of the crimes of producing and marketing fake commodities. I will introduce them according to China’s criminal law and Several Issues Concerning the Application of Law to the Trial of Crimes of Producing and Marketing Fake Commodities issued by The Supreme People’s Court and the Supreme People’s Procuratorate.Part four is the exploration of the acuracy of criminal law’s fair. This part will be divided into three chapters, chapter one is the introduction of fair, chapter two is mainly present the fair spirit of criminal law and the principle of suiting punishment to crime, chapter three is to demostrate the specific reflection of criminal law’s fair.Part five is to analysis how the crimes of producing and marketing fake commodities contrary to the acuracy of criminal law’s fair. This part is going to be divided into four chapters. Chapter one analysises that it’s not fair because this charge has not distinguished the producer and the seller. Chapter two states that the calculation of the amount of sales is not just. Chapte three considers that fifty thousand yuan is not suitable. Chapter four thinks it is not impartial that there is no difference in measurement of penalty among the adulteration, passing fake imitations for genuine and selling seconds at best quality prices.Part six analysis how the crimes of producing and marketing fake commodities contrary to the acuracy of criminal law’s fair from the angle of positivism. In this part I will illustrate that the criminals have not been treated fairly in judicial practise according to the court verdicts which are random selected because of the carelessness in legislation.Part seven is the suggestion. In this part I will offer some suggestions to perfect the legislation of the crimes of producing and marketing fake commodities. These suggestions are under the direction of the acuracy of criminal law’s fair.