Research On The Criminal Producing And Selling Fake Drugs Crime

Drug claimed to be an important livelihood issue of human’s health and being safety, as well as a special product for illness patients to last their lives.However with the highly speed of economic development, drug crime become more and more rampant,and means of crime are becoming multiplexed. In order to hit crime of fake drugs dealing, protect the interests of people, solve problems to their vital interests and maintain the orders of Chinese drug dealing markets,<Amendments to the Criminal Law Ⅷ> No.141 has modified that the crime for producing and selling fake drugs is no longer an issue of potential damage offensebut delictum commissivumoffense and erased the clause of "seriously enough to requirement of health damage". In other words, the newly change has brought down the standard of conviction and brought up the determination of hitting this crime, in which remained the willingness of hitting crime with no excuse and tolerance,met the need of humanbeing’s well.However, with the lower standard of conviction, accompanied with not onlythe increase power of drug crimes, but also causing many problems in the judicialpractice. As we all known, Object of fake-drugs production and sales is complex object, itsinterests by protection of method benefits are for complex method benefits, respectively in China drug production and sale’s order and people of life health. But with criminal amendment (VIII) introduced, judicial practice concerns the order maintenance more and more. With the occurred issues seem to prove my concerns, like "Ni haiqing case""LiuYong case" and so on. About crimes of producing and selling fake drugs, fake definitions count settings, configuration of criminal law have many issues need to be studied.Based on the above saying, this paper consists of four part to study our country’s issue for fake drug production and selling crime. The first parts contains the survey of criminal law regulation of fake drug production and selling, firstly determine the concept to the related questions in order to avert the ambiguity, and tease the development of consisting related criminal law regulation and changes for the past years based on the intention of hitting edge crime, at last try to analyze the issue of interest and law protection. The second part analyzes the lack of existing criminal law, mainly from the concept of fake drugs, crime setting, and crime sentencing. The third part use the survey and study the Chinese medicine safety law and overseas regulation for comparison and receive the early tips for this paper’s proof. The last part consist the advice and proposal based the survey and study to see through the lack and achievement in setting our country’s law regulation.This paper doesn’t try to solve the whole issue problems existing in our country but to analyze the difficulty of fake drug crime similarity. Back to my intention, I sincerely try to learn the practice for this thesis and study the issue to contribute my strength.