The Meaning And Identification Of Counterfeit Medicine In Criminal Law

Medicines involve the safety of the tongue.In recent years,with the development of Internet society,the production and sale of counterfeit drug crimes have become increasingly fierce,which has brought great risks to the people's lives.Drug safety anxiety affects ordinary people's sensitive nerves,and it also puts forward new requirements for the rule of law.Against this background,legislation and justice gradually strengthened the crackdown on counterfeit drug crimes.However,for a long time,the judicial practice has directly adopted the standard of "Drug Administration Law" for the identification of "counterfeit drugs".This has led to a large number of so-called“counterfeit drugs”that have no substantial harm into the field of criminal evaluation,resulting in excessive criminalization.Facing this circumstances,the judicial and theoretical circles have not paid enough attention.This article aims to explore the meaning of "counterfeit medicine" in the sense of criminal law,and basically comb problems in the current judicial practice on the identification of"counterfeit drugs",and tries to seek theoretical basis for further rationalizing the scope of "false medicine".This article is divided into three parts.The first part describes the the status of judicial practice to identify "counterfeit drugs".Through empirical analysis,the author concludes that the current judicial determination of counterfeit drugs has excessive tendency,and a large number of drugs that are not materially harmful have been identified as "counterfeit drugs".Then,this section analyzes the reasons for this phenomenon from multiple angles,and points out that the "Over-identification of counterfeit drugs" has caused moral difficulties,the tendency of criminal law administration and the inefficient allocation of judicial resources.On the basis of the first part,the second part attempts to provide theoretical support for the reconstruction of "counterfeit medicine" in the sense of criminal law.First of all,it analyzes the legal benefits of the crime,and believes that the order of drug supervision cannot be the legal benefit of the crime surely,unless it can be converted into concrete legal benefits.Secondly,from the perspective of the relationship between form and substance,this paper shows the Legalist position reflected in the current judicial practice,and demonstrates the importance of the judgment of the substantive value in the specific application of the criminal law.In addition,from the perspective of the relationship between criminal illegality and administrative violations,the issue of the independence of criminal law was discussed.By comparing the differences between the administrative law and the criminal law in terms of the purpose of regulation,legal attributes,value pursuit,and accountability,the paper concludes that the independent value of criminal law should be adhered to.The third part proposes the path to cope with the existing over-identification of"counterfeit medicine",and advocates restrictive substantive interpretation on the"counterfeit medicine".This kind of solution has enough support.Specifically,it adopts the interpretation of the system to establish a connection between the reasonable interpretation of the conclusions and the text of the law,ultimately achieving the coordination of the criminal law.