Counterfeit Drugs In The Crime Of Producing,selling And Supplying Counterfeit Drugs

Drug safety is related to people’s livelihood.In recent years,there have been some bad incidents concerning drug safety,and the outbreak of the novel coronavirus pandemic has made drug safety the focus again.The crime of producing,selling and providing fake drugs is an important crime to protect drug safety in the Criminal Law,and the scope of fake drugs as the object of his behavior has an important impact on the crime.Combined with judicial cases,this paper summarizes and analyzes the interpretation of counterfeit drugs in judicial practice.More conducive to fighting crime and protecting human rights.Although the provisions on the scope of fake drugs in the current Criminal Law have been greatly adjusted compared with the previous provisions,and the absolute correlation between the concept of fake drugs in the original Criminal Law and the concept of fake drugs in the pre-law Drug Administration Law no longer exists,according to the situation in judicial practice,the concept of fake drugs in the Drug Administration Law is still necessary to exist in criminal justice.Therefore,Although the Criminal Law does not explicitly stipulate the concept of fake drugs,it actually adopts the relevant provisions in the preemptive law.Therefore,the problems existing in the concept of fake drugs in the Drug Administration Law will inevitably affect the conviction and sentencing.Combined with judicial practice,the standard of counterfeit drugs has the following problems in judicial practice: first,the unclear distinction between counterfeit drugs and substandard drugs exists in judicial practice,including the confusion between counterfeit drugs with inconsistent composition and substandard drugs with inconsistent composition content,and the confusion between metamorphic counterfeit drugs and expired substandard drugs;Secondly,the actual coverage of counterfeit drugs is unreasonable,especially for the brand impersonation and traditional Chinese medicine impersonation problem,the judicial organ is obviously expanded the scope of punishment.The causes of these problems include the ambiguity of the meaning of the text,the influence of the criminal form and the misrecognition of the interests of the protection law.Legal interest has the interpretive function of constitutive elements,and the legal interest of determining the crime of producing,selling and providing counterfeit drugs plays a core role in determining the fake drugs as the object of this crime.In the past academic circles,there are two viewpoints of double legal interest and single legal interest of life and health for the protection of this crime.This paper holds that the protection interest of the crime of producing,selling and providing counterfeit drugs is the life and health of drug users,which is the conclusion drawn from the analysis of the legislative changes of the Drug Administration Law and the Criminal Law and the disposition of the legal punishment of this crime.The orientation of the relationship between counterfeit and inferior drugs also affects the identification standard of counterfeit drugs.In the traditional view,fake drugs and inferior drugs are generally regarded as independent individuals,but it is completely possible to redefine the relationship between fake and inferior drugs after the interpretation of context and system as well as the analysis of the current situation of judicial application of the two crimes,that is,inferior drugs in Criminal Law should play a role in limiting the scope of fake drugs.Combined with the protection benefits of the crime of producing,selling and providing fake drugs and the relationship between fake drugs and inferior drugs,judicial personnel should consider the delayed administration,the possibility of causing harm and the effectiveness of drugs when measuring the scope of fake drugs,and make substantive judgment in accordance with the specific provisions of the Drug Administration Law.