Empirical Study On Combating And Preventing The Crime Of Producing And Selling Fake Drugs

With the development of society and economy in our country,the crime of counterfeit drugs also shows an upward trend.No matter from the people who commit the crime,the way and the victimized group all show the remarkable difference from the traditional fake drug crime,the most obvious characteristic is the number of victims,the most obvious characteristic is the number of victims,Most of them are distributed all over the country,which seriously infringes the health and safety of the people,destroys the order of drug market management,and impedes the healthy development of social economy.Cracking down on and preventing the crime of producing and selling counterfeit drugs,creating a healthy and orderly drug market environment,and allowing the masses to buy medicines at ease are also the purposes of the penalty.From 2015 to 2017,Yangzhou region jointly handled cases of production and sale of counterfeit drugs.Having encountered various problems in the fight against and prevention of such crimes in the course of judicial practice,there is a need to contain and prevent such crimes at the legal,institutional and institutional levels,In order to be able to truly forcefully combat and prevent such crimes.This article will combine the production of Yangzhou area,sale of counterfeit drugs crime cases,the related theoretical and practical issues for in-depth analysis,I hope in the judicial practice of this kind of crime attack and prevention has a certain practical significance.The main contents are three parts:The first chapter of this paper aims at the crime cases of producing and selling counterfeit drugs in Yangzhou area in the past three years,and summarizes the characteristics of this kind of crime: the family of gang crime and organizational form,false propaganda and drug sale network.The separation and avoidance of people and goods are concealed,and the sales methods and kinds of drugs are diversified.At the same time,it analyzes the reasons for the high incidence of crime: the unfavourable supervision leads to the proliferation of fake drugs,the circulation increases the difficulty of cracking down,the ability of consumer identification and economic ability is limited,and the high profits induce subjective greed.This chapter lays the foundation for future writing.The second chapter focuses on the problems encountered in the crime of cracking down and preventing production and selling counterfeit drugs,which are divided into two aspects.One is the problems encountered in the crime of cracking down on the production and sale of counterfeit drugs: the crime of producing and selling counterfeit drugs has different identification standards.The standards of sentencing discretion,drug interpretation,criminal and administrative punishment are different,and the standards of public interest litigation are different.The other is the problems encountered in the crime of preventing production and selling counterfeit drugs: the traditional way of crime prevention is single,the network transaction exists supervision loopholes,the express delivery industry has not strict inspection,the administrative routine supervision is insufficient,and the supervision department lacks the cooperation mechanism.The third chapter of this article is aimed at the problems encountered in the second chapter,puts forward the relevant countermeasures,is also elaborated from two aspects,on the one hand is to crack down on the production,sale of counterfeit drugs crime countermeasures: accurate identification of production,sale of counterfeit drugs crime,accurate sentencing of the crime of uniform accountability and punishment,Unify the standards of drug interpretation,improve relevant laws and regulations,and strengthen the system of public interest litigation.On the other hand,the countermeasures to prevent the crime of producing and selling counterfeit drugs are as follows: standardizing the order of drug market,perfecting the mechanism of supervision and restriction,implementing the inspection system of express delivery,and forming a joint force to combat crime.