Study On The Crime Of Producing And Operating Fake And Inferior Medical Devices In China

In the past 40 years of reform and opening up,China's medical device market has made great progress.However,compared with foreign countries,China's medical device market is still immature,especially in the production and operation links,the problems are prominent,which breed crimes and seriously endanger the life and safety of consumers.Focused on the problem,on the premise of defining the relevant concepts and sorting out the relevant legal provisions,combined with the administrative enforcement of medical devices in China in recent years and the relevant cases collected on the the website of Pkulaw,the paper grasps the current situation of the crime of producing and operating fake and inferior medical devices in China as a whole,and summarizes the characteristics and typical models of the crime.On this basis,the paper analyzes the reasons from subjective to objective,from offender to victim,from public and private rights to other social subjects,and proposes control measures of the crime from government,market and society.In addition to the introduction and conclusion,the paper is divided into four parts:Part ?: Overview the crime of producing and operating fake and inferior medical devices in China.On the one hand,this chapter defines the related concepts of medical equipment,fake and inferior,crime,on the other hand,it teases out the criminal law,administrative law and the law of cohesive mechanism between administrative of law and criminal justice in regulating the production and operation of fake and inferior medical devices in China.Part ?: Analysis on the current situation and typical crime patterns of producing and operating fake and inferior medical devices in China.In addition to the recent medical device administrative enforcement in China,this part uses "medical devices" as the search key,with the six main crimes as the guideline,and the deadline for the review is limited from 2010 to 2017,collects a total of 110 first-instance cases of the crime on the the website of Pkulaw.Based on the case data,it analyzes the current situation and characteristics of the crime and summarizes the typical crime patterns.Part ?: Analysis on the causes of the crime of producing and operating fake and inferior medical devices in China.On the basis of the previous discussion,combined with relevant criminal theory,this part analyzes the causes of the occurrence and proliferation of the crime of producing and operating fake and inferior medical devices in China from five aspects:the individual causes of the offender,the victimization factor of the consumer,poor public authority regulation,bottlenecks in industry development are prominent and insufficient participation of other subjects.Part ?: The countermeasures to prevent and control the crime of producing and operating fake and inferior medical devices in China.Combined with China's actual situation,this part introduces the theory of governance and starts from three levels of government,market and society,and also draws successful experience from foreign governance in order to explore the countermeasures to prevent and control the crime of producing and operating fake and inferior medical devices in China and build a solid barrier to protect the medical device safety of the masses.