Reseach On The Crime Of Production And Sales Of Fake Drugs

Medicine is closely related with the life of the human beings.The security of the medicine market is directly related with the social harmony and national stability.Each exposure of fake drugs,undoubtedly increased people's pain in their hearts.Major frequent cases of fake drugs make the fighting against the crime of production and sales of fake drugs become more imminent.“The Amendment VIII to Criminal Law” carried out a major modification on the crime of production and sales of fake drugs.This modification solved the judicial challenge of how to identify the plots of“enough to harm human health seriously”.At the same time,the charge of statutory punishments and aggravating circumstances had been modified.All these modifications must have great significance on the fighting against the production and sales of fake drugs.On the basis of existing research results,this paper carried on the discussion and analysis of this crime from five aspects,such as whether all the behaviors of production and sales of fake drugs will be sentenced,the cognizance of the subjective aspects,the thinking of criminal objects,the thinking of star endorsements of fake drugs,the value of the revision by“The Amendment VIII to Criminal Law”on the crime.The author thinks that,all the behaviors of production and sales of fake drugs should not be sentenced.The cognizance of the subjective aspects of the crime mustbe indirect intention,not direct intention.What is more serious is that the criminal may be identified the crime of endangering public security by other dangerous means.What is more important while identifying the crime is the criminal objects,fake drugs.The author carried on a discussion on several kinds of fake drugs.We must carry on a clear standard to identify fake drugs and inferior drugs in order to fight against the crime of fake drugs and inferior drugs.About whether the endorsements of fake drugs by famous stars should be established the crime,the author thinks that it should be treated differently.While stars know or ought to know their endorsements of drugs are fake drugs,it must be treated as a crime.Because in this case,star endorsement activities have great social harmfulness,and make fake drugs criminal violation of the quilt is becoming more urgent.The value of the revision by “The Amendment VIII to Criminal Law” on the crime is of great importance.This revision of the crime meets the requirements of the judicial practice.But some scholars have put forward some objections and doubts about this revision.The author thinks that these objections are biased.The revision is complied with the trend of cracking down on the crime of fake drugs and has great significance to guide the judicial practice.