A Qualitative Study On The Behavior Of Overseas Drug Purchasing

Since the "criminal law amendment" promulgated since eight, the production and sale of counterfeit crime conviction standard has become a hot discussion in the field of criminal law. Acts of production and sales of counterfeit drugs and is believed to constitute the core elements of the crime. The existing criminal law to take the form of blank description of crime of counterfeiting the provisions, namely counterfeit drug management law and processed according to counterfeit drugs. The "Drug Administration Law" of the provisions of Article 48, must be approved without approval to enter the territory of drug are made by counterfeit punished the drug. This "where unauthorized entry of the drug is counterfeit, should be punished" views emerged. However, with the convenience of the circulation of the market, the global trade and foreign drugs with good efficacy, low price advantage, the behavior of overseas purchasing drugs increased. Whether such behavior will be included in the scope of criminal law regulation, opinions vary. Criminal law as a society for the prevention of the last line of defense, will not approved imports, but good curative effect of drugs shall be included in scope of criminal law to combat the "fake" questionable.In order to define the crime of production and sale of counterfeit drugs, determine the kind of behavior is generally illegal or criminal. In the case of the land a purchasing overseas anticancer drugs, for example, from the interpretation of criminal law from the point of trying to crime of production and sale of counterfeit drugs "fake", "sales" were analyzed, and then hope to land a behavior for further analysis, tries to scientifically demonstrated what the production and sale of counterfeit behavior should by the criminal law, which should be by the regulation of administrative law. The full text of the criminal law interpretation of the methods used to explore the case behind the criminal law to explain the problem, I hope that the theoretical study of such cases and the future of the judicial practice. This paper is more than 20000 words,the article is divided into four parts:The first part: the brief introduction of the case and the focus of controversy. This part briefly introduces the basic situation of the case, differences of opinion and the focus of controversy.The second part: the legal analysis of the related problems. This part focuses on the dispute focus of the case and analyzes the legal issues from the legal issues. Specific include: first, analyzing the counterfeit legal identification, which has made a conclusion of the counterfeit drug management law, including the significance of natural drugs and legal attribute of counterfeit, and points out that the counterfeit of criminal law and cannot completely in accordance with the standard of administrative law to identify fake drugs; second, analysis of the significance of sales behavior in criminal law, sales and trading, sales and transfers were compared, in order to land a behavior are classified and analyzed; third, analysis of the conviction that may be involved in the case, for violations of the double benefit how to affect the conviction and sentencing to be explored.The third part: the analysis and conclusion of the case. This part mainly uses the method of criminal law interpretation to make further analysis of the case. Combined with the two key points of the case shows that qualitative case lies in: first, without the approval to enter the territory for a small number of people only drug how qualitative issues. Second, for others to buy no intention of profit behavior can be identified as "sales" criminal law regulations. At the end of the procurator ate decided not to prosecute the reasonable and legitimate interpretation.The fourth part: the case study of enlightenment. Through the analysis and study of the case, the author thinks that the current criminal law on the crimes of production and sale of fake medicines into the standard of the crime of being inadequate. In the proposed combined with the consideration of general provisions, quantitative analysis and other factors, also inspired the author to investigate the case behind the criminal law to explain the problem. From the two angles of macroscopic and microscopic analysis of criminal law interpretation and Application on the interpretation of criminal law and the public acceptability is proposed in adherence to the doctrine of criminal law interpretation model based on should also be reasonable to humanism of criminal law interpretation paradigm shift.