On The Sale Of Fake Or Substandard Products And Limit Fraud

The crime of manufacturing or selling counterfeit or inferior products is producersand sellers in violation of the law,in the product adulterated impurities, shoddy orsubstandard product as a qualified product, the sales amount in the behavior of morethan50,000yuan. Fraud refers to the illegal possession for the purpose, the use offictitious facts or methods of deception to conceal the truth, so that the victim caught theerror, the larger the amount of fraud over the behavior of public and private property.Selling fake or substandard products in the "impurities, shoddy" behavior and crime offraud "fictional facts and conceal the truth" behavior has a certain similarity, In judicialpractice, prone to confusion mainly those that sell products under the banner of thename of the implementation of the fraud of commodity trading or foreign languagedressed implemented fraud and production and sale of fake products sins boundaries. Inthis case, the two crime in behavioral characteristics exhibited great similarity todetermine the nature of the crime increased enormously difficult, often resulting indifferent co-contracting situation, therefore, distinguish between the two crimes whichconstitute elements as well as the limits of judicial practice is extremely necessary.This article from the two elements of the crime and judicial practice of acomparative analysis of two angles, from the point of view two constituent elements ofcriminal intent crime, violation of the object, the subject of crime and objective aspectsare different. In judicial practice, the correct distinction between two acts of crime ismainly to see if there are people in the subjective intent of the real deal, the objective isto deliver the subject matter as well as the subject matter is valuable. This articlecorrectly distinguish two sins put forward their own ideas, hoping to be helpful forinterested readers.