Research On Some Problems Of The Crime Of Fake Medicine Production And Sales

February25,2011the Standing Committee of the National People’s Congress adopted the Amendment to the Criminal Law of the People’s Republic of China in Article23of the production and sale of fake medicines in major revisions, production and sale of fake medicines change from Dangerous Criminals for acts committed. The requirements of that section delete the production and sale of fake medicines in must be "sufficient to serious harm to human health", and added "there are other serious circumstances" of punishment, and to modify the relevant provisions of the criminal fine. Modified by the provisions of this article of the legislative intent of the modified production, the sale of fake medicines the crime constitutes the crime in the judicial practice problems research, and suggest recommendations of the legislation and practice.On the background of Build people-oriented harmonious society in our country, this revision to the terms effective to overcome the97Criminal Law141of the deficiencies, powerful implement a temper justice with mercy criminal judicial policy, production and sale of counterfeit drugs of the people’s livelihood crime, threat to the livelihood of the people of the risk of crime, criminal law to increase the penalties for the production and sale of fake medicines sin is an inevitable requirement, to meet livelihood crime legislative demands. I believe that the production and sale of fake medicines subject of the crime can be any person or entity has criminal capacity, does not need statutory special status, medical institutions behavior may constitute the crime of preparation or sale of counterfeit drugs. Subjective behavior of manufacturing and selling fake drugs directly intentional or indirect intent, its production and sales of counterfeit drugs is a state of knowing, and of manufacturing and selling fake drugs behavior held hope or laissez-faire attitude, negligence does not constitute the sin. The object of this crime in accordance with the provisions of the Drug Administration Law of the People’s Republic of China "is fake and handled as fake drugs, non-drugs. After the correction of the law in May2011, has been officially implemented, but the offense in the judicial practice there are many difficult issues and controversy, the author of these problems one by one and analysis. I believe that not all the production and sale of fake medicines behavior shall be incriminating in line13of the Penal Code proviso, the same can not do criminal penalties; greatly reduce the production and sale of fake medicines crimes to incriminate threshold, could lead to nationwide a substantial increase in the types of cases, the drug regulatory department has put forward higher requirements, and how to determine whether the behavior of the perpetrator structure sin? Which the behavior of the perpetrator should be made to the administrative penalties, and which should be transferred to the judicial process? I believe that the First Drug Administration Department to learn the contents of the terms, changing the law enforcement concept involving crimes cases referred to the judicial authorities in a timely manner, and to establish a collaborative working mechanism of the Drug Administration Department and the Judiciary, the effective protection of the administrative law enforcement and criminal justice oblique connection. Criminal Law Amendment made significant modifications to the production and sale of fake medicines sin powerful blow to the manufacture and sale of counterfeit drugs crime. The regulations more general, easily lead to judicial judicial practice good at breaking, at the same time the increase in the terms of "other serious circumstances" not related interpretations, the judiciary is difficult to determine, therefore urgently the highest judicial organ of the introduction of the relevant judicial interpretation to be standardized and clarified to ensure that the legislation to better guide the administration of justice, the author has made specific recommendations in respect of the crime of perfection, so that the judicial practice of reference. I suggest to learn from the practices of other countries, qualifications of punishment and honorary punishment according to the severity of the social harm and selling fake drugs crime criminals against fake drugs production in a certain number of years in the introduction of supplementary punishment for this crime, and the qualifications of the sale of drugs or deprived of their prohibit the production and sale of drugs eligible for life, and increase efforts to crack down on the manufacture and sale of counterfeit drugs criminals, deprive or limit their recidivism.