Lu Yong Of Determination Of The Nature Of Selling Counterfeit Medicine

The dispute over the sale of counterfeit medicines under Article 141 of the Criminal Law of China has never stopped since the promulgation of the Criminal Law Amendment(VIII).And the release of "I am not a medicine god" makes everyone knows the film prototype Lu Yong sell fake medicine dealers.The issue of the identification of the crime of selling counterfeit medicines has also caused extensive discussion in the academic community.Although an act violates the provisions of the crime of selling counterfeit medicines in a formal way.In fact,it does not cause serious legal gains and infringements.On the contrary,it protects the legal benefit of life.How do we characterize this behavior?In order to analyze the Indian version of anticancer medicines,purchasing behavior,subjective intent,and serious social harm in Lu Yong case,this paper chooses the identification of the nature of the sale of counterfeit medicines as the research object.It is hoped that certain revelations will be drawn to alleviate the judicial dilemma brought about by the danger of counter-incrimination in the case of similar cases.After the introduction of this article,there are three main chapters.The first chapter introduces the Lu Yong case,and briefly introduces and analyzes the case.Author point out the current situation of selling counterfeit medicines as an abstract dangerous criminal because of the current inability to apply dangerous counter-incrimination.Therefore,there is a dispute that denies Lu Yong as a crime of selling counterfeit medicines.In the second chapter,author analyzes the current identification of Lu Yong’s sales of fake medicines.Firs,author judge whether the anticancer medicines involved in the case are counterfeit medicines in the sense of criminal law.In this part,the author believes that in criminal justice,it should not directly rely on the formal standards for counterfeit medicines in the medicine Administration Law,but should make substantive judgments on the true and false of medicines in the sense of criminal law.Therefore,it can be concluded that the anticancer medicine involved is not a counterfeit medicine in the sense of criminal law;Second,author judge whether Lu Yong’s behavior is a sale.In this part,the author first introduces two different opinions that currently exist.One view is that Lu Yong’s behavior is a purchase behavior,and another view is that Lu Yong’s behavior is a seller’s help behavior.Then the author analyzes the second viewpoint andconcludes that Lu Yong’s behavior is not a sale;Third,author determine whether Lu Yong has intention to sell fake medicines.In this part,the author believes that the sale of counterfeit medicines is an abstract dangerous crime.Its deliberate content is the perpetrator’s knowledge of abstract dangers.However,Lu Yong does not have a clear understanding of the dangers of abstraction.His well-known content is the destruction of the import and export management system.Therefore,Lu Yong does not have the intention to sell fake medicines;Fourth,the author judges whether Lu Yong’s behavior has serious social harmfulness.In this part,the author first introduces the method of judging the social harmfulness in criminal law,and then analyzes that Lu Yong ’ s behavior does not have serious social harm.The third chapter of the article is mainly the author’s summary of Lu Yong’s sales of fake medicines.When determining the crime of selling counterfeit medicines,we must insist on the use of substantive interpretation theory to explain the essential elements of the crime of selling counterfeit medicines,so as to appropriately narrow the criminal circle of selling counterfeit medicines,and guard against the trend of crime expansion.In addition,if we finish the judgment on the constituent elements,Judicial conflicts still cannot be properly resolved.Then,using the expectation possibility theory and emergency hedging to resolve conflicts if they meet the conditions.