Study On Judicial Application Of Crime Of Producing And Selling Fake And Inferior Commodities

Crime of Selling Shoddy products a wide variety of commodities in the market can meet the material needs of people’s life,but there are always greedy people who make and sell fake and shoddy products for unjust gain,which is very harmful.In cracking down on such crimes,it is of great significance to determine the amount of fake and shoddy products involved in the case.However,due to the complex and changeable judicial practice,many problems arise accordingly.It is necessary to examine the determination of criminal amount of the crime and explore the perfect path.First of all,tiling straight into 167 sample cases as the entry point,get a glimpse of the judicial practice to identify,deal with production,the amount of crime;Secondly,the problem presentation,summed up the crime amount determination problem in practice,and then trace back to the source,explore the legislative and judicial causes of the problem;Finally,improve the path,clarify the protection of the crime of producing and selling fake and inferior products-the personal rights and property rights of consumers,put forward the following improvement methods: the determination method of sales amount prior to the value of the amount of goods;Expand the connotation explanation sales amount,the sales amount is the sum of all costs and expenses,not limited to the actual sales amount of illegal income,should also include all of the illegal gains,and from the time of conclusion of the contract due to illegal profits,rather than the delivery of the goods after the completion of the calculation,and purchase intentions are not clear,the sales amount shall be according to the degree of infringement,violations of the law benefit concrete determination;Conclusion of Price Determination is not the preferred standard for calculating the amount of goods and sales amount;According to the ascertained amount to determine the "true and false mixed sales" and mixed sales amount;The concept of illegal sales amount is introduced to solve the related problems when sales amount and goods value amount coexist but are not consistent.