Research On The Crime Of Producing And Selling Fake Medicines

Currently,the society has paid extensive attention on the drug safety issues,which is closely related to the safety of patients and physical and mental health of the people.The crime of producing or selling fake drugs is the most serious one among crimes against drug safety.It is stipulated in the criminal law of economic socialism market orders destruction,is one of the crimes in the production and sale of fake and shoddy commodities.This crime seriously violated drug safety supervision and administration orders and people’s health and safety.Therefore,the study and analysis of this crime is full of important practical and social significance.This paper is divided into four parts:The first part,in depth discusses the relevant concepts of medicine and fake medicine,from the angle of criminal law,and comparatively analyze on inferior medicine,health products and traditional Chinese medicine,to make clear of the object of the crime.The second part: Based on the provisions of the current criminal law and judicial practice,comparative studies on this crime and other similar crimes of producing and selling inferior medicine crime,discovers the concept definition problem of fake medicine and inferior medicine,recommends to cancel the distinction to make a combination,suggesting perfecting the criminal penalty system of "counterfeit and inferior drugs".The third part: Differentiate and analysis on the key issue of subjective knowledge,probes into subjective fault of essential offense and aggravated offence,clear criteria for judgment,to have an overall grasp of the issue.The forth part: In view of the shortcomings of the legislation and the problems encountered in the judicial practice,probes into conditions of decriminalization to distinguish between administrative malfeasance and criminal offence,and to have an accurate understanding of the application of the crime,striving for a strict legal system and fair judicature.Research on the above issues is to better regulate such crimes,establish and perfect the criminal law and administrative regulations system,and hit criminal activities more severely,for preventing such crimes.To maintain drug safety,stabilize the order of socialist market economy,and guarantee the people’s health and safety.