Study On The Crime Of Production And Sales Of Shoddy Products

Since the current criminal law implementation, production, sales and shoddy productsand attracts the attentions of the practice and theory.About the amount of crime, and therelevant criminal pattern, sentencing issues has always been the judicial practice andtheoretical circle of criminal law to explore and research the hot issues. Although for theattention of this crime is always high, The supreme people’s court and the supreme people’sprocuratorate at between2001and2010, many times about the amount of this crime and otherrelated problems made a judicial interpretation. However, it is regrettable that,About thiscrime and related issues, the amount has not been thorough and effective solution.Selective counts and counts on the legislation,"the amount of sales" provision allows thecontradictory nature of the crime there is a serious logical error, legislation on "sales amount"requirement makes the behavior of the production of inferior products in an awkward positionon the legislation. Also according to the traditional view of the amount committed theory, theamount of sales50,000yuan constitute elements of this crime, does not have this requirementdid not constitute a crime. So for this crime is only a crime to be established or the problem,the problem does not exist forms of crime. But the relevant judicial interpretation of "twohigh" was issued by the "amount of the value" of the crime of attempted identified as standard"value of the amount" requirement although the solution does not exist in practice because ofthe amount of sales and production of sex can not be considered as circumstances of theoffense, but also produced its own set of problems. This provision not only for the traditionalview of the amount committed no crime has been suspended form negative, causing theexistence of the crime of attempted controversy, and brought a series of practicalproblems,First, it may lead to the sin of the same criminal behavior can be evaluated indifferent forms of crime, namely the value of the amount due to the production behavior canbe evaluated as a result of both production consummated, may also be evaluated for theattempted sale, resulting in the morphological evaluation of crime confusion; regulationsfollowed by the total value of identified attempted crime makes this crime is notconsummated and attempted with the same evaluative; once again, for the attempted crime,the punishment of the principle cf consummated punishment, but the judicial interpretation ofthe value of the amount calculated not attempt to make the provisions applicable to the reference to the relevant grade consummated. Another problem which triggered anothersentencing on is worth pondering-judicial interpretation has attempted crime set highstandards compared consummated, then the punishment of this crime is also necessary to re-attempt the applicable provisions of Article23of General it? Judicial practice practice is infact the crime of attempted use of a double lighter approach, which is clearly not in line withthe general spirit of the Penal Code. Personal subjective factors tend to imperfect laws andjudicial workers in the interpretation of legal documents making sentencing Jiqingjizhong,imbalance phenomenon becomes inevitable question. Sort of legal omissions and gaps willmake the crime appear chaotic situation in its application.The first two parts of this article to an existing part of the case on the crime as theresearch object to the existence of judicial practice over many issues as a starting point toexplore the causes of problems, and on the basis of analysis of the amount in the last part ofthe article guilty of attempted exist were demonstrated and proposed legislative changeproposals, calling for justice for the crime of having a universal interpretation of content.