Balance Between Norm And Effect Dimension In The Crime Of Producing And Selling Counterfeit Drugs

The crime of producing and selling counterfeit drugs was revised to behavioral offense in the Eighth Amendment to the Criminal Law,which further expands the criminal circle and strengthens the punishment.Although the use of criminal law regulation is conducive to cracking down on counterfeit drug crimes and regulating drug market behavior,it emphasizes the impact of criminal law too much,and ignores the restrained position of criminal law,which also leads to a series of problems.In particular,it is considered a crime regardless of the plots,which is a breakthrough in the modesty of criminal law.At present,the problems arising from the crime of producing and selling counterfeit drugs are not doubts about the legitimacy of the crime itself,but disputes about the threshold of conviction.As the crime of producing and selling counterfeit medicines adopts the blank crime legislative mode,the standard of identifying counterfeit medicines is attached to the norms of administrative law,which makes the boundary between administrative and criminal violations obscure.At the same time,the crime of producing and selling counterfeit medicines is also a statutory crime which has not been completely separated from the natural offenses.It has the double nature of violating the "law" which consist of the natural crime and the statutory crime,and prone to trigger conflicts between ethics and norms.Therefore,in judicial practice,we need to solve the following problems:(1)in the aspect of conviction: in order to clarify the boundary between crime and non-crime,we need to clarify the legal interests protected by the crime,is it personal legal interests or order legal interests? Need to clarify the nature of the crime,is it an Behavioral offense or a dangerous offense? In order to distinguish administrative from criminal offences,it is necessary to dig out the conditions of the crime.(2)In the aspect of no constituting a crime,we need to deal with the relationship between the principle of legality of crime and conviction,and need to standardize the application of the confession clause of the Interpretation and the Proviso clause.In view of the above problems,starting from the essence of crime,this paper affirms the legitimacy of the crime of producing and selling counterfeit drugs as a dangerous offense,and divides the primary and secondary divisions between the life legal interest and the order legal interest.In the aspect of no constituting a crime,we need further clarify the path of Non-sin,regulate the application of Interpretation and the Proviso clause,so as to achieve the coordination of the crime of entry and exit.