Research On The Production And Sale Of Fake Drugs

In recent years, under the guidance of the criminal policy of combining punishment with leniency, Criminal Law strengthens the protection of the people’s livelihood, The Eighth Criminal Law Amendment focus on the field of medicines and food, modify the main direction to reduce barriers to incriminate, to increase the penalty efforts. The field of medicines is an important part of people’s livelihood, drug safety matters the health of millions of people, most people who need to take medicines are patients or vulnerable groups, the disease has made certain degree of damage to their bodies. However, the counterfeit drugs cause secondary damage, including direct and indirect harm due to delays in treatment. It can be said particularly harmful levels of counterfeit drugs in the disease itself, but with the development of the network technology, the prosperity of the express industry, the counterfeit drugs today are more harmful than the past. The past counterfeit harm is local, small-scale. But now the production and sale of counterfeit behavior is showing a nationwide, high diffusivity trend. Fake breaks the geographical constraints and is sold fast. In the past, the counterfeit cases mostly end by the administrative penalties. Transfer to the judiciary from the executive branch of the case is relatively small. Replace Punishment With Fines phenomenon is more common. Confronting production and sales of counterfeit high-risk sexual behavior, administrative punishment has been somewhat powerless.Danger changes in the production and sale of counterfeit behavior. It can be understood as a concrete danger of low correlation transfer to the abstract nature of the risk associated with a high conversion. Close relationship between the conduct and the results is the reason why the legislation needs to respond. Based on the deletion of the "sufficiently serious harm to human health ", The Eighth Criminal Law Amendment describes the fake drug crimes as:"production and sales of counterfeit drugs ". According to the new Criminal Law, the elements of the object changes. The objective aspect, the subjective element and the main elements remains the same. The subjective state of mind for the production and sale of counterfeit behavior and the object damage results is controversial. We should also focus on the exsitence of negligent attitude, the management order and the value of a specific object’s health. The interweaving of old and new problems become the most important reason of the elements of the crime for producing and selling counterfeit drugs.The basis of incriminating acts lawful in judical practice is affirming the elements by rule and line. The main element of the crime includes both natural persons and units. Whether the people have the production and sales licenses or not doesn’t matter. On the subjective aspects of the production and sale of counterfeit crime, although the crime of conviction threshold fake decreased, but the mentality of fake medicines is still limited to subjective deliberate. The negligent attitude is not necessary to be punished. Because of the high associative danger, the offender only need to suspect the existence of fake medicines. On the production and sale of counterfeit object elements of the crime, the proliferation of counterfeit high hazard we need to make adjustments, that object management order status and selling drugs need to be sure, life, health object against the object is not limited to specific groups. On objective aspects, the concrete danger of "sufficiently serious harm to human health" doesn’t need to be considered. Accuratly confirming the production and sales behavior becomes critical. The actual damages of producing and selling behavior only have the measure-significance.They don’t have the value of convicting.Theory should be used for the practice. On the basis of the constituent elements identified accurately, we must effectively solve specific practical problems. The most important issue is what is the counterfeit drugs. According to the Criminal Law, the scope of it is not allowed to be magnified. Achieving the accurate characterization of counterfeit drugs, should be considered by the surface and the element aspect. The Drug Administration Law, the proper identification of the main grid and the legal procedures of Forensic Sciences should also be considered. Analysis of counterfeit crime to the other can not be ignored. The key distinction between them is the independent value of drugs producing and selling order. Finally, the aggravation of penalty trends must be resolved. Within the scope of the the production and sale of fake should be punished by the Criminal Law, the dual application of criminal and administrative penalties are not contrary to the principle of "the matter is no longer fined". On the other hand, not all of the production and sale of counterfeit drugs are required to have criminal penalties. In some circumatances dministrative penalties are sufficient.