Production And Sales Of Fake And Inferior Products To Stop Morphological Research

The crime of producing and selling fake and inferior products is a crime of amount.To carry out the act of this crime,the sales amount reaches 50,000 yuan,which is the accomplishment standard of this crime.The amount of sales referred to in this crime shall include not only the profit from sales,but also the cost of production,the cost of sales and the profit,that is,all the sales income from the sale of fake and inferior products by the producer or seller.According to the form of subjective offence,objective elements and judicial practice,there exists the form of attempted and suspended crime punishable.Buying fake and inferior products used for sale but not sold in time and other preparatory ACTS,without penalty,should not be dealt with according to the crime.The case of attempted crime is complicated.First,only the production behavior but no sales behavior;Second,only sales behavior but no production behavior;Third,when the production and sales activities coexist,but the sales amount is less than 50,000 yuan,and the products produced by it are far more than 50,000 yuan.There are two viewpoints to solve the above situation,namely,the theory of innocence and the theory of attempted crime.According to the judicial interpretation of this crime,the author believes that if the sales amount of the above-mentioned act is less than 50,000 yuan,and the value of the goods has reached three times the amount of the accomplished standard,it can constitute the attempted crime.For the behavior of the production,sales and shoddy products,if it has both behavior,crime accomplishment and attempted crime behavior,is a production,sales and shoddy products accomplished and attempted,it should be attempted with amount and the amount of fixed gear respectively,from the person that weigh punishment;If both are within the same range of punishment,they shall be given a heavier punishment according to the accomplished part.The author thinks that the act of the actor destroying the fake and inferior products with the value of more than 150,000 yuan can be regarded as the suspension of crime,and can only be the pending suspension.