The Amount Of Earnings From Sales In Crime Of Producing And Marketing Fake Or Substandard Commodity

In recent years, the development of market economy extremely fast, whichgreatly enriched the material standard of living of the people, while the exposedissues has increasingly become the focus of discussion on the theory and the judiciary.These problems mainly for complex social product, in all aspects of production, salesand other exposed problems growing; ills brought about by the legislative delaylooming, when the legislation was unable to adapt to the fast changing social realities;growing diversification of people’s values system. These factors increase in thecommon cause of fake and shoddy goods, all kinds of negative news papers, allCommunity citizens living in a State where the concerns regarding the safety of food,medicine. Melamine-tainted infant formula in2008in particular shocked the country,ordinary people and experts and scholars focus on product safety has reached an alltime high, domestic theoretical research has ushered in a new wave.This article aims to explore some of the basic problems of the sales amount ofthe production and sale of fake or inferior products, including research significance,connotation definition, and the combination of theory and practical experience of therelative scientific and rational legislative proposals. Knowing the law so that thegeneral public, to facilitate the production, the sale of the principal in accordance withthe law self-discipline, standardize the production and management, in order tomaximize the protection of the legitimate rights and interests of the parties, tomaintain the order of the socialist market economy, the greatest degree of socialfairness and justice.The production and sale of fake or substandard products provisions in "CriminalLaw" in the first section (specifically140-148), in criminal law is a very importantchapter. Many the sin itself content, the entry point is also a lot of view of the authorof capacity constraints, not one by one research and feasibility studies, select only thepoint of view of the amount of sales for specific analysis, including the definition ofthe connotation and extension of the sales amount, as well as the difficulties faced bythe theoretical controversies and practice. I hope this offense, in theory, to achieve a highly enhance the awareness of sin, to better serve the theoretical research and lawenforcement, judicial practice.In the process of writing papers, the author of this paper mainly achieved thefollowing results: first, the amount of sales.On the conviction and sentencing hasimportant significance, is the cognizance of crime and non-crime, this crime and othercrime, the accomplished offense and the attempted crime is one of the key elements,at the same time, is also the objective standard of punishment and the punishmentstrength. Second, to clarify the nature of all kinds of views on the connotation of thesales amount of controversy, to find out the root cause of disagreement. Third,according to their own understanding, the sales amount were correctly, accuratelydefines the connotation of sales amount, four points is formed on the sales amount.First of all, property sales amount is the constituents of crime, rather than the crimeelements; secondly,"sales amount" is not limited to have the illegal income, alsoinclude all the illegal income due; again,"sales amount" should include all costs;finally,"sales amount" and "value" in essence, no sale no amount of sales, salesamount arising from sales behavior, and the value is not the fake and shoddy productssales in the forms of value. At the same time proposed the double standards-Justiceand efficiency must comply with the definition of the sales amount, and the justiceand efficiency is discussed, to seek a feasible way to achieve the standard. Fourth, asummary based on the previous discussion,, around the defects in the currentlegislation, put forward four recommendations:1, increase the sales amount of fiftythousand yuan of punishment from the standard;2, suggested that the legislature will"production, sale of fake or substandard products" changed to "crime of selling fakeor substandard products", in order to avoid specification legal and judicialinterpretation of law in the confusion of the application;3, scientific application offine penalty, fine penalty application to avoid in the process of "sentenced to payseparation" negative effect; the conviction standard and crime standard, reasonable,increase multiple of4. Hope that through their own thinking, perfect for this problemawareness, improve the criminal law theory reserve their.With the maturing of theoretical and practical circles for the production and saleof fake products crime-related problems and the formation of the system, can foresee a period of time, research on the crime of "sales amount" will be more fruitful, this isalso the author anticipated.