Research On Crimes Of Producing And Marketing Fake Or Substandard Commodities

Fake, shoddy products are filled in our real life. And it has even been called theworld’s second-largest hazard. The spreading of fake, shoddy products not only threatenour health, and also endanger our lives. Because of its huge benefits the decline of moralawareness and substandard markets factors, it is hard to control production and sale offake and shoddy products. But it is easy to over look our criminal legislation, judicialespecially our punishment system what also have a great relationship with the currentsituation.With more than two years experience of handling the crime of production and sale offake and shoddy，the author fully realize that there are contradictions in discretion anddetermining the nature of the crime. Embodied in：It is unfair to treat the chief criminaland the participants at the same way. Using the crime of illegal business to replace thecrime also can leave the judge too much discretion space. What is more in the respect ofexecution of criminal law there are many shortages,too. It is hard to perform the fine, andthe qualification punishment is not consummate. According to the reality, the authorwants to find some ways to control the criminal.This article will start at the reality of the production, manufacturing and selling fakecrime, combined with actual work to explore some problems of this crime in legislativeand judicial and give some point of view to complete the last protection of the criminallaw in keep human from fake and substandard productions. Through overview of thelegislative review, the author present new advice to perfect crime legislation, including theprosecution standards issues, and the unity of competing crime, adaptation, improvementof the penal system, especially it should be perfect freedom penalty fines, qualificationspunishment system.