Research On Some Difficult Problems In The Crime Of Producing And Selling Counterfeit Drugs

The "PRC Criminal Law Amendment (8)" effective May 1,2011, the criminal law provisions on the crime of producing and selling fake medicines "conducted a comprehensive revision, dangerous crime to act crime, to bring about major changes to the judiciary and law enforcement work. "Criminal law amendment (eight)" after the implementation of Ni Haiqing as a mountebank, due to a number of folk remedies was diagnosed with advanced cancer patients with sales development to master the secret, and was convicted of violating the production and sale of counterfeit crime judgment caused an uproar in the news media. The existing evidence does not show that Ni Haiqing's production of "folk prescription" is no medical effect or even cause harm to human body, but the decision is in accordance with the relevant legal provisions:no drug approval number is fake, regardless of whether or not effective. The focus of the masses have focused on whether Ni Haiqing's verdict and the traditional Chinese herbal therapy really have effect, at the same time many researchers will focus on the "amendment (eight)" amendments to the production and sale of counterfeit crime is reasonable. I take this case as a starting point, according to the case shown in cognizance of this crime and the implementation of the deficiencies in the judicial practice, the author puts forward the suggestions for the perfection of the crime of producing and selling fake medicines.