Research On The Criminal Regulations For The Crime Of Producing And Selling Counterfeit Medicines

In the field of people's livelihood in China,the field of medicine is one of the important components.The quality of medicine is directly related to the health of citizens.In 2011,the amendment of the eighth amendment to the criminal law was issued,which changed the crime from a specific dangerous crime that must result in harmful consequences to an abstract dangerous crime that can be committed as long as there is the production and sale of fake drugs.This amendment leads to many complicated problems in the application of this crime in judicial practice.For example,the production of effective drugs without a registered production batch number constitutes the crime,and the purchase of regular drugs from overseas,but because the import did not go through the corresponding procedures also constitutes the crime of fake drugs.Starting from the historical evolution and constituting elements of the crime of producing and selling fake drugs,this paper mainly analyzes the imperfection of the legislation of producing and selling fake drugs.Its purpose is to analyze the imperfection of the legislation and then put forward reasonable Suggestions to guide a series of problems in the process of practice.In modern times,with the rapid development of economy and the development of Internet information technology,not only that,the prosperity of logistics industry has promoted the spread of fake drugs,the dangers of today's counterfeit drugs compared with the past has been,due to the prosperity of the property and the mail item is convenient,the sale of fake drugs is no longer limited by region,in handling cases of fake drugs before,administrative penalties are used to fight,but in the face of today's era of counterfeit drugs complexity and high-risk sexual behavior,pure administrative punishment has obviously can't be alert and the effect of the stem.In the criminal law amendment(viii)of 2011,the objective aspect of the crime of producing and selling fake drugs was expressed as the crime of producing and selling fake drugs as long as there was any act of producing and selling fake drugs.In the past regulations,the harm to human health was no longer considered as a constituting element,but other aspects of the crime remained unchanged.The key to accurately locate the production and sales of counterfeit drugs lies in the accurate understanding of the components.Firstly,this paper analyzes the legislative evolution of the crime of producing and selling fake drugs in China from 1979 to now.It mainly analyzes the defects in each legislative process.It mainly wants to see the changes of the crime of producing and selling fake drugs through the evolution of the legislative model in China.Secondly,from the constitutive requirements of crime of production and sales of counterfeit drugs,one by one analysis of the constitutive requirements,from many aspects,such as objective and subjective analysis,especially for the cognizance of criminal object of counterfeit drugs,as well as the subjective negligence crime have a punishment necessary detailed analysis to and under what circumstances do not constitute a production and sales of counterfeit drugs crime is the distinction between the crime and not a crime.In addition,some difficult problems in practice are discussed and analyzed,and specific Suggestions and schemes are proposed on the basis of theoretical research,so as to point out the direction for solving practical problems.Finally,the author puts forward some concrete Suggestions on the perfection of criminal legislation of the crime of producing and selling fake drugs in China.