The Research About Regulate Medicine Crime By Criminal Law

Medicine safety,concern everyone's life and health.Even in this area,some person still break the law for their illegal benefits,so there are many criminal cases about medicine.Because of the specific characteristics of traditional Chinese medicine,the complexity of drug identification,some fault of prepositive law and the shortage of knowledge lead to criminal law can not deal with drug crimes well.There are five parts in this paper,and there are about 60000 words.Its main contents are as follows:The part of foreword concerns about collect research status in the world,especially realize that the lack of the rule about criminal negligence and the wrong standard of fake or inferior medicine compared with foreign legislations,we also discover that the theories of drug crime are scattered,the traditional Chinese medicine crimes are ignored and some papers are absorbed in criticism,they did not give some constructive proposals.Based on this researches,this paper is devote to solve the above problems.The first part is devote to discovering the definition of medicine crimes,especially its definition in the fields of criminal code and criminology area.Besides,the definition of traditional Chinese medicine crime and Western medicine crime are confirmed.So the basis of legal regulation is prepared.The second part focus on the preconditions of legal regulation.In practical terms,the preconditions are concern about the relation of general provisions of criminal law and specific provisions of criminal law,it also concerns about the reasons of abolishing conduct crimes.Furthermore,it analyzed the punishments against qualifications as well.The third part concerns the field of regulation.The scope of the regulation is concern about the whole industrial chain of medicine,especially the eight behavior.This part from delimiting the crime circle to the behavior of overseas purchasing,sell drugs through web shop,medicine false advertising and distinguishes its boundaries between innocence and the crime are discussed.The fourth part is all about the way of regulation.This part consists of the choices of legislative mode,the contents of legal provision and its location.This part devote to comparative analysis of the legislation of different counties which in order to lay the foundation for the fifth part.The fifth part is absorbed in solve the shortage of criminal law regulation in drug crime.To be specific,there are five shortage and five solution.The first part is about the set of core charges' deviations and its correction,this focus on analyze the disadvantage which put the terms of crime of producing,selling quack,inferior medicine in the section about offence against the socialist market economical order,it should be included in section of the crime of endangering public security.This part also focuses on the medicine identification,point out that there are five defect of distinguishing between quack medicine and inferior medicine.The second part concern about the lack of rule about criminal negligence and fill the Void.The third part is focus on stating the improper dependence of administrative law in the medicine crime area and its recover mode.The fourth part is focus on correcting the error of ignoring of traditional Chinese medicine in the medicine crime area.The fifth part is focus on making criminal penalty about medicine crime better.