Research On The Object Of The Crime Of Producing And Selling Counterfeit Drugs

Hunger breeds discontentment,and for patients,drug safety is superior to food safety,so the importance of ensuring drug quality is self-evident for patients.But due to the medicines industry of sudden huge profits,lack of power,and network transmission of administrative regulaOtion convenience factors,such as in drug crime have intensified trend,under this background,the Eighth Criminal Law Amendment reduces the drug crime of criminalizing threshold,make greater efforts to crack down on producing counterfeit medicines crime in the effective protection of people's livelihood,to crack down on the crime of producing counterfeit medicines behavior at the same time,also produced excessive expansion of the crime circle,lead to future tendency,disregard for human rights protection,and in a series of problems such as the independence of criminal law in the process of loss of counterfeit medicines.This paper intends to analyze and discuss the legislative purpose and interpretation problems of the crime of producing and selling counterfeit medicines,relevant hermeneutic explanations and questions in the academic circle,and the identification scope of "counterfeit medicines",so as to find a feasible solution to the aforementioned problems.In addition to the introduction and conclusion,this paper is divided into four parts:the legislative purpose of the crime of producing and selling counterfeit medicines,relevant hermeneutic explanations and questions in the academic circle,the identification scope of "counterfeit medicines",and the limited interpretation of "counterfeit medicines".The first part mainly expounds the legislative purpose of the crime of producing and selling fake drugs.Based on the discussion of the legislative intention of the crime of producing and selling fake drugs,it is concluded that the crime of producing and selling fake drugs is included in the chapter 3 "crime of undermining the order of socialist market economy" in the current criminal law,which does not indicate that the main protective interest of the crime of producing and selling fake drugs must be the order of administrative supervision of drugs.The individual legal interests of citizens should be in an absolute protection position at any time,and they cannot be infringed upon on the grounds of maintaining order.Order can only become the protection interest of criminal law on the basis of promoting individual freedom and rights of citizens.The second part aims to expound the problems of the crime of producing and selling fake drugs,the relevant theories and the questions about their explanatory power.Through the introduction of the difficulties in the interpretation of the crime of producing and selling fake drugs,it is shown that the difficulties in the interpretation of the crime come from the disputes over whether the crime is an abstract dangerous crime or an act crime,whether the criminal law should insist on the independence,and whether the defendant should be allowed to testify against the danger.Belong to the abstract danger has been clear about the production and sales of counterfeit drugs of crime rather than behavior,made clear the defendant guilty responsibility shall be borne by the prosecution,the height of the abstract dangerous crimes alleged danger,danger is a need to decide to judge will not lead to dangerous abstract dangerous crimes into concrete dangerous crimes,contrary to the defendant shall not apply to the danger.Only when the target of the act is highly dangerous to the interests of the law,can the act have criminal lawlessness and meet the conditions of abstract dangerous crime.Based on the need of connection of execution and adherence to the principle of modesty and restraint of criminal law,the identification of "counterfeit medicines" in criminal law should adhere to independent judgment.The third part is to define the scope of "counterfeit drugs" in criminal law.Through the introduction of the establishment rules and ideas of legal fiction,it is believed that legal fiction should follow the principle of the infringement of legal interest on the equality and the necessity of fiction.The identification of "counterfeit drugs" in criminal law mechanically copies the identification standard of "counterfeit drugs" in administrative law,which will lead to improper formulation.Improper formulation will lead to severe punishment,deviation from the function of the criminal law and lead to the imbalance between crime and punishment and other consequences.Therefore,the identification scope of "counterfeit drugs" in the criminal law should be smaller than that of "counterfeit drugs" in the administrative law,and "fake drugs" that do no harm to human health should not be included in the identification scope of "fake drugs" in the criminal law.The fourth part puts forward the legal doctrinal basis of the limited interpretation of "counterfeit drugs".The basis is from the production and sale of counterfeit drug crime behavior standard attributes and statutory principles of the statutory requirements of the perspective to limit the explanation.The specific path of"fake drug" limited reduction interpretation is that the identification scope of"counterfeit medicines" can be limited and reduced by means of objective interpretation method and comparative interpretation method.