Research On The Crime Of Producing And Selling Fake Drugs

The basic function of medicines is to regulate and restore human body functions.Drugs with significant curative effects can help people relieve pain and even save lives to a certain extent.The counterfeit medicines produced and sold on the market seriously threaten people's lives,health and property safety.With the progress of society and the development of the times,the safety of medicines continues to affect people's heartstrings.The occurrence of similar incidents such as the “Shandong fake vaccine incident”,“Toxin capsule incident”,and“Qier drug incident”has challenged drug safety time and time again.The bottom line.In order to further regulate the production and sale of counterfeit drugs,ensure the safety of people's lives and property,and maintain social stability,my country has strengthened legislation and increased the punishment of counterfeit drug crimes.However,it should be noted that the social development is changing with each passing day,and the law,based on its lagging characteristics,may not be able to properly regulate the problems exposed in judicial practice in a timely and effective manner,resulting in judicial application difficulties.This article first analyzes the definition of the crime of producing and selling counterfeit drugs and the different theories and viewpoints of the elements of the crime,combining legislation and judicial interpretation to grasp the crime as a whole,and then focusing on prominent problems in judicial practice,combining typical cases,from theory and judicial practice,it puts forward perfect suggestions,the main contents are as follows:The first part is an overview of this crime.Firstly,define the definition of this crime,understand the legislature overall understanding and consideration of the crime at the beginning of the legislation;secondly,combine the crime composition of the crime of producing and selling counterfeit drugs and the specific performance in judicial practice to analyze what it presents The characteristics of the crime are embodied in: the duality of infringement of legal interests;the complexity of sales behavior;the grouping of criminal subjects;The second part is the analysis of the elements of the crime.Firstly,the object of this crime,combined with different viewpoints in the criminal law theory,to make a reasonable definition of the object of the crime production;second,the objective aspects of this crime,including the determination of the crime ' s production and sales behavior,combined with the different perspectives of the criminal law theory.As well as the existing judicial interpretation provisions to accurately identify the production and sales behavior of this crime;finally,the subjective aspect of this crime is to take reasonable points in response to the different views existing in the current criminal law theory,and put forward a view that conforms to the original intent of legislation and justice;The third part is the judicial dilemma of this crime.Firstly,analyze the problems in the standard of distinguishing counterfeit and inferior drugs in combination with the "Changchun Changsheng Vaccine Incident";Secondly,from the perspective of criminal law theory,with the help of legislative provisions and judicial interpretations,analyze the blurring of the boundaries between this crime and other crimes in the judicial application process;Finally,it analyzes the problem of insufficient punishment and operability of this crime;The fourth part is the perfection of this crime.Firstly,it puts forward the "intrinsic quality of drugs" as the standard for distinguishing fake and inferior drugs,and at the same time makes reasonable legislative suggestions after the standards are determined;secondly,the improvement of penalty allocation includes the concretization of unlimited fines and the idea of adding qualification penalties.