Research On Crime Of Producing And Selling Fake-common Products

Practice of the socialist market economy in our country, is in the primary stage of socialism,all kinds of market economic system is not perfect, the behavior of the production, sales and shoddy products, serious damage to the socialist market economic order, infringes upon the legitimate rights and interests of consumers, and even violations of the rights of life and health.Therefore, for crop production, sales and shoddy products is very necessary.How production, sales and shoddy products, the criterion for the conviction of crucial also.Chapter four discusses the issue in this paper.The first chapter introduces the production, sales and shoddy products behavior, there are three main views: first, production, sales and shoddy products behavior of the crime is a production and sales, but it should be to identify the behavior as the production and business operation behavior;Second, production, sales and shoddy products the behavior is not the production and sales of sin, should use the "management" instead of "sales", namely the crime behavior is a production and management, the idea advocated to modify the criminal law provisions;Third, production, sales and shoddy products the production behavior of sin and sells behavior, should not expand the explanation, more should not modify the law, to production, management behavior, agreed that the provisions of the criminal law, the crime of behavior is to produce behavior and sales behavior.The author believes that its behavior is the production of two kinds of behavior and sales activities. "Production" refers to all the planting, breeding, processing and manufacturing,such as forming the behavior of the goods, sales or sell, embodied in three forms: "mode", "currency", "property interests".The second chapter introduces the production, sales and shoddy products sin "sales amount", its significance for it has important criterion for the conviction.Connotation understanding on "sales amount" four kinds of theories: the amount of illegal income, sales amount, value, illegal business transactions.In this paper, identification of illegal business transactions.The third chapter introduces the production, sales, the subjective aspect of the crime of false and inferior product, academic circles roughly four point of view, the subjective aspect of this crime of indirect intent only, only for direct intent, direct intent and indirect intent, both is directly intentionally only.This paper argues that sin is intentional crime production, sales and shoddy products, and is just a direct intentional crime.The fourth chapter mainly study accomplished standards of the production, sales and shoddy products, new ideas are put forward, in the production of false and inferior product sin with the standard for the value of 150000 yuan, sales and shoddy products with standard for the completion of sales, transfers the ownership of the false and inferior product, namely the producers and sellers delivery and inferior products and sales amount to 50000 yuan of above.