The Crime Of Producing And Selling Counterfeit Drugs On The Legal Interests

In recent years,with the prosperity and development of the socialist market economy,the crime rate of crimes of producing and selling counterfeit drugs has increased year by year.Counterfeit drugs have greatly jeopardized the safety and health of the people.In response to this grim situation,our legislation and judiciary are increasingly focusing on the prevention and crackdown of drug crimes.Since the "Criminal Law Amendment(8)" amends the crime of producing and selling counterfeit drugs,the dispute over the crime of producing and selling counterfeit drugs in Article 141 of the Criminal Law has not been interrupted.Especially after the "Lu Yong case",It has set off a heated discussion about the crime interests of producing and selling fake drugs in the public opinion and the theoretical circle of criminal law.The essence of crime lies in the infringement of legal interests.The original intention of criminal law is to protect legal interests.Legal benefits not only have the role of legislative guidance,but also play a judicial guiding role.The purpose of each of the criminal law provisions is to provide absolute protection for the legal benefits that may be infringed.Therefore,theoretically and socially,the final focus of the disputes about the crime of producing and selling fake drugs should be the connotation of the legal interest protected by the crime.In the contemporary,German scholars represented by Roxin believe that the criminal law only allows the protection of "legal benefits",and the criminal law should protect certain and pre-specified "interests".In today's mainland China,the description of "legal benefit" is not much different from the earlier object theory of crime.It is stated as "legal interests are people's life interests protected by law according to the basic principles of the constitution and may be harmed or threatened objectively".It can be seen that in Germany,the significance of legal interests lies in the protection of individual rights and interests.The infringement of legal interests is marked by the infringement of individual rights and interests by crimes.The core of the theory of legal interest lies in defending the personal rights and interests.If the crimes do not infringe on the personal rights and interests,the theory of legal interests can be the best basis for excluding crimes.In mainland China,in the current judicial practice,the theory of legal benefits has become the basis for the establishment of crime.With the deepening of the concept of human rights,the concept of protecting human rights is also constantly affecting the modern development of criminal law.The future development direction of criminal law will be more and more focused on the protection of personal rights.For the fast-developing society,human life safety and health is the most important and most protected.In the criminal law,human life safety and health must be a legal interest with absolute protection value.Based on the importance of the theory of legal interest,this paper analyzes the legal benefits of the crime of producing and selling counterfeit drugs,and clarifies the legal benefits of the crime of producing and selling counterfeit drugs as human life safety and health,in order to solve the problem of the crime in judicial practice.The full text includes the introduction,the body of the four parts and the conclusion.The introduction part includes the background and significance of the topic of the crime of producing and selling counterfeit drugs,the research status and problems,research methods and ideas.The main body includes the brief introduction to the case,the problems caused by improper understanding of the criminal interests of producing and selling counterfeit drugs,the theoretical controversy and evaluation of the criminal interests of producing and selling counterfeit drugs,the legal benefit of the crime of producing and selling counterfeit drugs,and determination of crime of producing and selling counterfeit drugs under the personal concept.Through the research on the criminal benefits of producing and selling fake drugs,this article finally determines the human life safety and physical health as the legal benefits that should be protected for this crime.The order of drug supervision cannot be the legal benefit of this crime.The purpose of establishing drug regulatory system and maintaining drug regulatory order is to protect citizens' right to life and health.If an illegal act only violates the administrative order,but does not infringe on the life safety and health of citizens,it cannot be considered as a criminal act.