Research Practice Problems On The Crimes Of Production And Sale Of Fake Medicines

"Criminal law amendment(eight)" of the crimes of production and sale of fake medicines on major changes, lowering the threshold for conviction. The charges changed in the past judicial practice belongs to the rare rare cases of the situation, to a grassroots T City of Y Province procuratorial organs accepted the case as an example, the charges of the case acceptance number, in the criminal law in the third chapter, the provisions of the destruction of the socialist market economic order crime, has leapt behind the credit card fraud crime, the crime of illegal business operation, infringement of copyright crime become the most common one of the charges in the case. With the increase in the application of judicial practice, but also met more theoretical research may be ignored. And the charges although modified reduces the threshold for conviction, increased efforts to combat this kind of case, but judging from the recent media exposure in Shanxi and Shandong vaccine chaos "events, practice still exist some investigation to combat the problem of insufficient, which may related law enforcement and supervision departments of law enforcement ineffective, negligent supervision factors, local legislation needs to be further improved and perfected. This article starting from deficiency remained in the production and sale of counterfeit crimelegislation, and the specific problems encountered in judicial practice,case of theoretical and empirical analysis of the charges, and the production and sale of counterfeit drugs crime legislation and the judicial practice need of problem put forward personal views. With a view to the charge in the theoretical research, judicial practice and help.The article is divided into three parts:The first part, starting from the production and sale of counterfeit drugs crime criminal legislation history, to the provisions of the crimes of production and sale of fake medicines evolution were analyzed and compared and explained that the evolution of the constitutive elements of the crime, and combined with the recent vaccine events analysis to explain the inadequacies of the charges provisions of regulation.The second part: Based on in the current criminal law provisions as to the provisions of the charges, on judicial practice of this crime and other similar crimes of distinction and into sin, sin(non criminal)and other key issues, discusses how to accurately understand and apply the provisions of the charges.The third part: in view of the problems encountered in the deficiency of the legislation and the judicial practice, the counterfeit crime, criminal legislation of perfect puts forward some personal views.