How To Determine The Nature Of Production And Sales Of The Counterfeit Drug Without Social Harm

In recent years, the problem of drug and that related to crimes emerges in an endlessstream. In order to crack down on such illegal and criminal behavior, the state lowers thethreshold of production and sales of counterfeit drug crime in the Eighth Amendment of theCriminal Law promulgated in2001. Nevertheless, the new judicial interpretation has notenacted with the amendment, resulting in the understanding deviation of the judicial authority,and then resulting in the different treatment suggestions with the similar cases all over, whichthus affects the judicial fairness. For the purpose of better facilitating law enforcement andimpeding judicial injustice, the author analyses the case of Ni’s production and sales ofcounterfeit drug in Jinhua City Zhejiang Province, attempting to analyze and research on theobjects, causality and the related of production and sales counterfeit drug crime, in addition,on the basis of which, putting forward a quantity of legislative suggestion, to hope to have theinstruction and model significance on theoretical research and judicial practice hereafter.By means of introduction, the thesis sums up the focus of the case and surroundingwhich discusses the objects, causality and the related of production and sales of counterfeitdrug crime. The thesis is divided into four parts what respectively are: introduction of the case,the related legal analysis, investigation and conclusion based on this case and fore glimpsefrom the case research.The first part is the basic condition of the case, briefly introduces the subject matter,details, difference in opinions and argument focuses.The second part is related legal analysis. The author investigates legal issues caused bythe disputes and divergence of the case. Specifically includes: criterion of ascertaining forcounterfeit drug, causality of production and sales of counterfeit drug crime, cognizance ofillegal practice of medicine and relation between the “proviso” item in Criminal Law Thirteenand the crime.Analysis and conclusion are in the third part. According to the legal investigation in thesecond part, the author treats the case as the following: firstly, Ni’s behavior does notconstitute the crime of production and sales of counterfeit drug; secondly, Ni does not behaveas the illegal practice of medicine; Ni’s behavior should not be made a crime.Fore glimpse from the case research is put at the last part. The author holds opinions, with analysis and study that many deficiencies still exist in the crime of production and salesof counterfeit drug in present Criminal Law. Whereas, the author proposes treatments andsuggestions to legislation and judicial fields: first, a correct understanding of folk recipe,recipe; second, prefect counterfeit understanding; third, refinement of the judicialinterpretation; fourth, to clarify the understanding of crime.