Illegal Production And Sale Of State-regulated Psychotropic Drugs

The development of society has led individual individuals to take the road of crime under the drive of interests.Only the concept of money and interest has led to the distortion of human nature,which has led to the emergence of various crimes and repeated prohibitions.Among them,the problem of drug safety is a major problem in the health of the general public.A slight inadvertence can become a malignant tumor that threatens the health of the public.Since the state regulates the dual nature of psychotropic drugs,which are clinically used drugs and drugs,illegal production and sales of them have often become social crimes.This not only jeopardizes the state's regulations and regulations governing the administration of psychotropic drugs,but also constitutes a public opinion that violates public health.This article takes the typical case of judicial practice as the entry point,conducts a legal analysis on the related crimes involved in the production and sale of state-controlled psychotropic drugs,and focuses on the aspects of the composition of the crime,the infringement of legal interests,etc.,in order to pass the horizontal and vertical theory on the related charges.Analysis provides reference for judicial practice and criminal law theoretical research.This article analyzes and discusses this issue in four parts:In the first part,the basic situation of the case includes four parts: the cause of the case,the introduction of the case,disagreement,and the focus of the dispute.In this case,Wu and Hwang illegally produced and sold state-controlled psychoactive drugs and disagreed over the handling of the case: The disagreement view was that tramadol hydrochloride should be a drug,and the perpetrator constituted the crime of trafficking and drug production;It is believed that tramadol hydrochloride should be a drug,and the perpetrator constitutes the crime of producing and selling counterfeit drugs;the disagreement three points out that the perpetrator did not produce or sell state-controlled psychoactive drugs,and the production and sale of tramadol hydrochloride constituted illegal operations.Sin;There are even opinions that the behavior of the perpetrator to illegally produce and sell tramadol HCl constitutes the imaginary co-operation of production,sale of counterfeit drugs,and crime of illegal business.In view of the aforementioned differences,the focus of the dispute in the integration of this case is on the following four aspects: the ambiguity in the legal nature of tramadol hydrochloride;the illegal production and sale of the nature of psychoactive drugs controlledby the state;the crime of trafficking in and manufacturing drugs,production and sales The difference between the crime of counterfeit drugs and the crime of illegal business;the illegal production and sale of state-controlled psychotropic drugs,and the act of competing and dealing with each other.The second part is the legal analysis of related problems.This part is to the above controversy points more in-depth analysis of the theoretical issues involved,the specific content can be divided into four aspects: first,analyze the tramadol hydrochloride legal nature,it is concluded that tramadol hydrochloride has the dual nature of clinical medicine and drugs,and combined with the case facts about the crime object of tramadol hydrochloride therapy,should be defined as attributes rather than drugs.Secondly,for the illegal production and sales behavior analysis,state control of psychotropic drugs respectively from selling,manufacturing drug crimes,production,sales,crime of counterfeit drugs and illegal business crime constitution and the perspective of legal interests violation,illegal production,sales person attributes.Once again,the key difference between the crime of trafficking,the crime of making drugs,the production,the sale of fake drug and the crime of illegal operation,is the difference between the crimes related to the act.The solution to the problem is also one of the key factors in how the case is convicted.Finally,illegal production and sales of the state control mental drug behavior in the selection and division of the situation.This part mainly solves the difference between the legal competition and imagination and how to choose and measure the punishment in the case of the behavior of the actor.The third part is the analysis and conclusion of this case.In this case,Wu and Huang illegally produced and sold state-controlled psychotropic drugs.They seem to be in line with the crime of trafficking and manufacturing of drugs.However,they are far from the crime.They cannot be caused only by the target of the crime,tramadol hydrochloride.People form drug dependence and thus decide to constitute the crime.Although Wu and Huang had implemented production and sales activities,they did not directly prove that the drug had flowed into drug traffickers and some entertainment venues to obtain profits.Therefore,they could not be included in the evaluation.The other clinical drug attribute of tramadol hydrochloride makes the actor's illegal production and sales activities conform to the crimes of producing and selling counterfeit drugs and the crime of illegal business.In the crime law number theory,it is in line with the imagination and cooperation.A serious crime is broken.The fourth part,the research implications of this case.Drugs as commodities have beengiven more attention by society because of their particularity.The safety of pharmaceuticals has always been the sensitive nerve of the society as a basic issue concerning people's livelihood.This article attempts to analyze and argue the disputes in typical cases one by one,and proposes the research implications for the problems exposed in this article: by establishing a strict examination and approval system for state-controlled drugs and market flow supervision procedures to prevent the occurrence of similar cases and conviction for such cases.Sentencing is a more standard system.