Research On The Criminal Regulation And Shoddy Products Crimes

Criminal regulation research on the problem of fake and shoddy products crimes, whether it is to investigate the manufacture and sale of fake and shoddy products behavior should be included in and whether you have been incorporated within the range of criminal law, but also to the study of China’s criminal legislation and shoddy products whether defects.In order to achieve the above goal, this paper firstly clarifies the term and shoddy products, so as not to cause ambiguity, obstacles, therefore, this paper only in article 140 th of the criminal law sense, use inferior products of this concept, thus further part.Secondly, through the provisions of article 140 th of the criminal law, examines the production of selling fake or substandard products, production, sales and shoddy goods crime judicial operation: first, the criminal legislation did not produce behavior and shoddy products into the scope of criminal law, but judicial practice according to the provisions of the relevant judicial explanation, third, criminal legislation did not know fake buy sell false case into the criminal regulation range, but in real life there will be an urgent need to the criminalization of; fourth, the criminal legislation of improperly using system defect and the "sales amount" etc..Finally, in order to solve the above problem, by comparing the status of criminal legislation and judicial practice, introduces the relevant extraterritorial criminal legislation, through the description of crime change, for example, will produce behavior and shoddy products into the criminal law to "value range, for" instead of "sales amount", by introducing the "plot" the elements, to provide suggestions for the legislation direction.This paper is not intended to all problem solving and shoddy products crimes as a try, through the description of crime change can not only solve the existence of fake and shoddy products crime settings on the system defect, and resolve conflicts of criminal legislation and criminal justice exists...