| With the improvement of China’s pharmaceutical crime regulation system in the Criminal Law Amendment(11),the connection between administrative law and criminal law in many pharmaceutical fields has been solved:criminal judgments no longer need to be forcibly bound to administrative determinations,the scope of criminal laws and regulations for pharmaceutical crimes has been expanded,and the value of independent protection of order management is clarified.The increasingly scientific regulatory system also puts forward higher requirements for the connection between administrative law and criminal law from the perspective of medical crimes.On the basis of clarifying the principle of unity of legal order,by comparing the differences between German and Japanese theories,the German theory of qualitative and quantitative differences applies the difference standard of quantity in the marginal area of the interface between administrative law and criminal law,and applies the view of qualitative difference in the core field of criminal law,which is more in line with the needs of China’s judicial practice.In the current connection between administrative law and criminal law in the field of medicine,in the face of the problem of ambiguity in the separation standards between counterfeit drugs and inferior drugs,the effective distinction between the two should be realized through the efficacy of the ingredients of the drugs under the premise of adhering to the dual regulatory model.For the understanding of the crime of illegally providing counterfeit or inferior drugs,the principle of unity of legal order should be adhered to,and a reasonable explanation should be made on the basis of referring to the preceding administrative legal norms.According to the theory of difference between quality and quantity,the legal interests of the drug management order protected by the crime of obstructing drug administration are the core basis for distinguishing this crime from administrative violations,and should have independent protection value.In the process of applying the unlimited fine system,it also recognizes the reasonableness of the application of the system and realizes the proper application of the system while restricting the malicious expansion of judicial power.Finally,in terms of procedures,by clarifying the hierarchical relationship between the facts of administrative violations and the facts of criminal violations,it is clarified that administrative evidence materials such as administrative certificates cannot be directly used as criminal evidence,but should use the normative purpose of criminal law and protecting interests,and conduct substantive reviews of relevant administrative determinations. |
