Legislation On Production And Sale Of Counterfeit Medicines

Medicine is an important item related to the daily life of the people,and it is also one of the treatment methods that the masses must use when they are ill,which is closely related to the people’s life,health and safety.This paper focuses on the legislative perfection of the crime of producing and selling counterfeit drugs.Based on the analysis of the real case of the production and sale of counterfeit medicine,the paper discusses the legislative defect of the crime effectively.Combining theory with practice,we have a clearer understanding of the crime of producing and selling fake drugs,and put forward more operable countermeasures and suggestions to create conditions.The text is made by four parts:The first part: the introduction,mainly elaborated this research background,the significance,the domestic and foreign research result and so on,lays the foundation for the follow-up research.The second part: the brief introduction of the case and the focus of the dispute,the detailed introduction of the case used in this study,around the court judgment,evidence,dispute focus,etc.And the legal analysis of the focus of the dispute in this case,including how to determine the compatibility of drugs,how to define the meaning of "knowing" in the crime,whether the intent in this crime is direct intentional or indirect intentional,the boundary between this crime and other crimes,and so on.The third part elaborates the shortcomings and problems of the legislation of producing and selling counterfeit drugs and the concrete performance of these problems.The fourth part: In view of the legislative defects of this crime,the corresponding solutions are put forward.