Research On The Question Of The Application Of Criminal Law To Selling Illegal Imported Drugs

Medicines are special commodities for the treatment of diseases, and it is one of the important resources continue to sustain life, so it is impotent to pay more attention to medicine supervision and management. However, with the increasingly international circulation of medicines, behavior of selling illegal immigrated medicines break out in a rush, some of these unapproved import medicines are good and effective but some are bad and ineffective or even worse to cause serious consequences, so the punishment of this kind of behavior by criminal law caused widespread concern. however, the study of this kind of problem is still not fully in theory, and how to do with this problems by criminal law is not unified, and even worse, the undeserved punishment and penalty has occurred, there are many issues do not conform to the principle of suiting punishment and penalty to crime. Nor to conform to the requirements of combing punishment with leniency in dealing with criminal law.In this papers, I have researched the behavior of selling illegal imported medicines and pointed out the exciting problems on the basis of its basic definition.and I have analyzed its social harmfulness and particularity.also further discussed its conviction standards, crimes, sentencing plot and the fine standard. This whole part is divided into five parts besides the instruction and conclusion, which is about30000 words:The first part of this paper is the definition of the behavior of selling illegal brought into china mainland by these who violates Chinese drugs administration, Chinese customs law and other laws are regulations, including the drugs produced in Hong Kong, Macao and Taiwan.this paper analyzed the situation of selling illegal immigrated medicines in practice form four aspects, which is behavior, the object of the behavior, the consequence of damage and the subject of mind.. on this basis, the paper pointed out the idea of reasonable determining the social harmfulness of those behavior and reasonable limiting the range of crime according to the situation of selling behavior.The second part is the present situation and dilemma of the sales of rules and regulations of selling illegal immigrated drugs in criminal law,and its also the part of putting forward the questions. this paper concluded and the present control of selling illegal immigrated drugs by criminal law and pointed out the exciting problems through statistics and analysis of 96 interrelated cases, Among which contents includes the amount of selling illegal immigrated drugs cases, the conviction and sentence of signal case,the specific use of punishment by criminal law and so on. the mainly dilemma is the unified criterion of prosecution, the inaccurate charges apply, the discretion of punishment and nonstandard of penalty. and it pointed out the way of perfecting criminal law on the basis of aware of the dilemma.The third part is the practical exploration and theoretical advocate of selling illegal imported drugs.it pointed put that social harmfulness is still the grounds of criminal law by analyzing the harmfulness and particularity of behavior.and then it indicated that we should differentiate drugs practical quality, kind and strictly limit the crime condition on the criminalization of selling illegal imported drugs through sorting out the explanation of the application of criminal law about jeopardizing drug safely case by supreme people’s court, the supreme people’s procuratorate and exploration of judicial practice, we should restrict the type of drugs of selling quantity of foreign legally produced drugs which constitutes a crime, including(1) anesthetic,drugs for mental sickness, Toxic drugs for medical use, radiopharmaceuticals, contraceptive,blood products and vaccine(2)drugs that mainly used by pregnant women,infant,child or crucial patients(3)drugs belong to injection and first-aid medicine, emergency medicine.The fourth part is the application of accused of the selling illegal immigrated drugs, it discussed the possibility of application types of criminal charges according to the consequence of the specific crime in criminal law and practicality and harmfulness of the selling behavior.it is solid and possible to charge the selling illegal imported drugs of crime of manufacturing or selling fake medicine or crime of illegal business operations, however, when applying to crime of selling fake or substandard products, we must evaluate its worth price seriously, and we must according to the nature of the drug, sales method and people’s subject state of mind to judge whether the behavior constitute a crime. And make crime of smuggling ordinary goods items is usually involved. However, no matter from the perspective of crime constitution is the point of view of practical value to guide, to illegal immigration and drug sales are unfavorable to the crime of endangering public security with dangerous methodThe fifth part is the penalty discretion of behavior of selling illegal imported drug. According to the supreme people’s court, the supreme people’s procuratorate on the handle to endanger the safety of drug criminal cases to explain some issues of applicable law and combined with the special case of illegal immigration and drug, proposed two heavier plot that medical institutions and medical institutions staff sales; Two years after to endanger the safety of drugs illegal and criminal activities of any administrative punishment or criminal penalties. Four from the plot, that is, not the cause bodily injury consequence; The victim has a serious fault(such as not according to instruction drug over dosage); The victim; The victim’s understanding. And put forward to cannot find out the sales amount or no sales amount shall be sentenced to a minimum amount of additional penalties.