| As the highest incidence of the crime of producing and marketing fake and substandard goods, the crime of producing and marketing fake and substandard commondities has extremely serious social harmfulness. According to incomplete statistics, the existing of the fake and substandard commondities accounted for about 5% of the domestic market share,the fake and substandard products in market has an estimated value of 160 billions--200 billions, the annual revenue loss more than 30 billions. To combat the acts of producing and marketing fake and substandard commondities is a task which brooks no delay. This paper,which corrects the ambiguity of our current law and improves the accuracy of conviction in practice, attempts to understand and use the concerned rules of the criminal law or the code of criminal procedure in China. Meanwhile, it would offer some personal constructive suggestions on how to prevent and punish the crime of producing, marketing fake and substandard commondities. One of the most important 140 th production and sale of fake or substandard products, in the theory and practice of the establishment of this crime and determine the attempted form has many controversial issues. Combined with the practice,this paper mainly from the amount of crime and different angles of the theory of innocence,in theory, attempted theory, unfinished form of assessment, a profound analysis of the reasons behind the attempted and accomplished the debate, creative theory put forward opinions and reasons of the attempted correction. To find out the contradiction through the production, sale of fake and shoddy products crimes legislation and the judicial operability,find the lack of sales amount and value law fundamentally, that value is more in line with the current and future production and sale of shoddy goods crime, the principle of suiting punishment to crime requirements, and thus further explanation the reasons and suggestions. |
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