Production, Sales And Shoddy Products Analysis On Several Issues

The production and sale of fake or inferior products is a highly committed crime and has been established in the "Criminal Law" of 1997. Thereafter, the "interpretation on Several Issues concerning the specific application of law in the handling of criminal cases of production and sale of fake and shoddy goods" jointly issued by the Supreme People’s court and the Supreme People’s Procuratorate in 2001, and the Supreme Court has published “Notice concerning appraising of the production and sale of fake or inferior products in the criminal cases” and other judicial interpretations specially applied for the tobacco and other special industries. Except for the aforementioned,there is no further modification or explanation against this crime to adapt to the needs of the judicial practice. However, the academic dispute and difficulties in the practice of the theory need us to make further research and discussion on the crime of producing and selling fake and inferior products.This text divides into three parts:The first part is an overview. The main content of this part is to introduce the purpose of this paper, the research status of the crime in the academic circle and the origin of the crime of producing and selling fake and inferior products.The second part concerns the determination of the fake and inferior products as well as the crime amount. Starting from the current judicial interpretations with regard to the identification of inferior products, and taking into consideration of the diversity of inferior products, this dissertation aims to define the fake or inferior products in the from the perspective of substantive interpretation of the criminal law. Turning to the amounts of crime, through expanding the definition and identification etc, of sales amount, this dissertation further discusses whether the products being sold and consumed could still be identified into the amount of crime.The third part is the concurrence of this crime and other crimes. Through case analysis,to find out the concurrence relationship between the crime and other crimes,and to discuss how to determine the penalty appropriately so as to avoid the punishment being too moderate or too heavy. Finally, in view of the deficiencies of this crime in the practical operation and application.