Research On Vaccine Crime

In recent years,vaccine safety crimes have occurred frequently,such as illegal vaccine business cases in Shandong Province and Changchun Changsheng vaccine cases,which continue to occupy the hot microblog search list,and the public opinion is increasing,hoping to punish criminals and ensure the safety of vaccination.Vaccine safety plays an important role in China's drug safety system,especially for the life and health of young people.Vaccine crime involves public health and safety,and has serious social harm.In view of the frequent occurrence of vaccine safety issues and the necessity of vaccine safety criminal law protection,it is necessary to explore the issues related to vaccine crime in China.First of all,we need to clarify the meaning of related concepts,which is the logical starting point of vaccine crime research.Vaccine belongs to a kind of drugs,but its preventive function is different from that of common therapeutic drugs,so there are also differences between vaccine crime and common drug crime.It is necessary to study vaccine crime alone.In this paper,vaccine crime is defined in a broad sense.Under this definition,by analyzing the current situation of vaccine crime in China,we can understand the common forms of vaccine crime and its nature in practice,and find out the problem of constant controversy on the nature of vaccine crime related behaviors.By making clear the "crime group" system related to the regulation of vaccine crime in China's criminal law and combining with the judicial practice of vaccine crime cases in China's reality,it is found that in the practice of vaccine crime cases,most of the vaccine crimes are defined as the crime of illegal business operation,while the two crimes of specially regulating the production and sale of fake and substandard drugs are not often applied in practice In practice,there are many disputes about the nature of vaccine crimes,and there is no special criminal law to regulate drug negligence crimes.The above reasons for vaccine crime are closely related to the inadequate regulation of the criminal law of vaccine crime.In view of the above problems,it is necessary to make a qualitative analysis of vaccine crime related crimes under the current criminal law,and analyze the common vaccine crime related behaviors,including the production and sale of fake and inferior vaccines,illegal operation of vaccines and smuggling of vaccines.It is more reasonable to determine what kind ofaccusation is used to solve the qualitative problems in judicial practice.On the other hand,it is also necessary to put forward corresponding suggestions to improve the causes of these problems,that is,the lack of the current criminal law on the regulation of drug crimes,and adjust the accusation system of the crime of producing and selling fake and inferior drugs.Revise the definition and differentiation standard of fake and inferior drugs in drug administration law.Make up for the lack of drug negligence.Through the above analysis and suggestions,I hope to help the legislative research and judicial practice of vaccine crime in China.