The Research On The Counterfeit Drugs Of Crime Of Producing And Selling Counterfeit Drugs

The field of medicine has always been a key area of people's concerning.Medicines,as a good medicine for treating diseases,are closely related to people's life safety and physical health,play a vital role in people's daily lives,and escort people's healthy lives.Therefore,there should be a strict and comprehensive market supervision system for the production and sales of drugs.Nowadays,the field of drug production and sales is complicated,the medical problems are becoming more and more prominent,and the phenomenon of counterfeit drugs is becoming increasingly rampant.With the proliferation of counterfeit drugs and the increase of people's legal awareness,China has paid more and more attention to the production and sales of medicine.From the latest revision of Amendment(8)to the Criminal Law of the People's Republic of China to the crime of producing and selling counterfeit drugs,it can be seen that the requirement of “sufficiently endangering human health” has been deleted,which has lowered the threshold for the crime of sin.The legislative model of sin has changed from the original dangerous criminal to the abstract dangerous criminal,indicating that China must impose strict punishment on the criminal policy for the production and sale of counterfeit drugs.This has led to many problems in judicial practice.For example,it is not uncommon to spoof a crime from overseas purchasing medicines.There are also cases in which the production and sale of drugs that lack the corresponding approval number but have therapeutic effects constitute crimes.This article will start with an analysis of the definition of counterfeit drugs,combined with the current substantive analysis of the relevant legal provisions on counterfeit drugs,and comprehensively analyze the problems existing in the judicial determination of counterfeit drugs,so as to put forward some specific and feasible suggestions to solve the problem of over-judging the judicial recognition of counterfeit drugs.It's expected to benefit the judicial practitioners in handling counterfeit drugs cases.The article is divided into four parts.The first part introduces the source of the topic,which is based on the inspiration of the movie "I am not a drug god".Secondly,it analyzes the background and significance of the topic.This paper points out the significance of the current research on the identification of counterfeit drugs in the handling of counterfeit drugs in judicial practice.Besides,it studies the academic achievements of the current academic circles on the crime of producing and selling counterfeit drugs,and analyzes the research status of the academic circle and its shortcomings.The second part examines the identification status of counterfeit drugs from the two aspects of legislative provisions and judicial application,and points out the problems existing in the current identification of counterfeit drugs in criminal law.The third part puts forward the corresponding identification principles and methods for the problems existing in the current identification of counterfeit drugs in criminal law.The fourth part is about the specific identification of counterfeit drugs in the crime of producing and selling counterfeit drugs.Firstly,it summarizes the characteristics of counterfeit drugs in the crime of producing and selling counterfeit drugs,and secondly,according to the characteristics of counterfeit drugs in the crime of producing and selling counterfeit drugs,the scope of counterfeit drugs in the crime is limited.The effective folk remedies and the overseas legal drugs imported without approval that do not harm to human health are excluded from the criminal circle.