The Theory And Practice Of Criminal Connection In The Production And Sale Of Counterfeit Drugs

The importance of drugs is self-evident,so drug crimes have also attracted much attention.Since the Criminal Law of 1979,the crime of producing and selling fake drugs has been modified several times,and the crime has finally become an abstract dangerous crime.After the Lu Yong case sparked heated discussions in the society,the "Drug Administration Law" will exclude the scope of the definition of counterfeit drugs "in accordance with the situation of counterfeit drugs".The author’s analysis of the case found that in the process of criminalization in the production and sale of counterfeit drugs,there are problems such as the excessive use of criminal law in the administrative law,the lack of a criminal mechanism for criminal punishment,and the vacancy of administrative measures.The solution should be analyzed in depth from the perspective of both theory and practice.The connection of executions should not only be a connection of procedures,but also a theoretical clarification.Through deep analysis of theory and practice,through deep analysis of theory and practice,this paper finds problems in the connection between executions and proposes solutions to the problems that arise.The article is divided into four parts.The first part of the article mainly describes the performance and reasons of the constant revision of the crime of production and sale of counterfeit drugs,and the continuity of executions.It also defines the concepts of executions and criminal and administrative violations,and finally defines the connection That is,the influence of administrative malpractices and criminal malpractices.The frequent modification of the crime of producing and selling counterfeit medicines is behind the changing nature of its crimes and the scope of its criminal penalties is constantly expanding.The reason is that in a risk society,the theory of risk criminal law is expanding,and the boundary between criminal law and preemptive law is gradually blurred.As a result,the interaction between administrative malpractice and criminal malpractice tends to overlap in the production and sale of counterfeit drugs.The coincidence of administrative malfeasance and criminal malfeasance will inevitably lead to a series of problems of execution convergence.The concept of execution convergence has become the first step in the study of execution convergence.The construction of executional connection requires not only procedural connection but also theoretical connection.Therefore,the research on the production and sale of fake drug execution connection needs to be carried out from both theoretical and practical perspectives.The second part of the article contains three aspects,respectively,expounding the criminal nature of the abstract dangerous offender of the crime of producing and selling counterfeit drugs,the theory of the difference between administrative violations and criminal violations,and the measures applicable to the connection between administrative punishment and criminal punishment.Through the establishment of the criminal nature of abstract dangerous crimes,it is proved that the crime has the possibility of contradiction,and a theoretical path is established for the criminal connection of the crime.Through the establishment of the criminal nature of abstract dangerous crimes,it is proved that the crime has the possibility of contradiction,and a theoretical path is established for the criminal connection of the crime.By analyzing the theory of the attribute difference between criminal violations and administrative violations,it is clear that the theory of quality difference theory should be established in administrative offenders,which further lays the theoretical foundation for the execution and connection of the crime of producing and selling counterfeit drugs.Finally,the concepts and disputes of the specific application of administrative punishment and criminal punishment are clarified,the applicable procedures of administrative punishment and criminal punishment are clarified,and theoretical possibilities are established for the connection of criminal punishment in practice.The third part of the article expounds from three perspectives: the analysis of the actual situation of counterfeit drug types deleted in the Drug Administration Law,the process of judicial transfer of production and sales of counterfeit drug cases,and the execution of evidence.Based on the analysis of the actual status of counterfeit medicines deleted in the Drug Administration Law,analyze the legislative purpose and practice trend,and set the direction for future practice,and from multiple perspectives,clarify the specific process of the execution linking procedure,and find the theoretical dispute points in the process linking.After theoretical analysis,establish the "criminal priority" procedure linking principle.After the principle is established,the production and sales of counterfeit drugs are clearly defined.The specific procedures on the execution procedure in the case,streamlining the case transfer process,and clarifying the transfer order and time.At the same time,evidence is the focus of transfer,clearly distinguishing the types of administrative evidence,applying different conversion procedures for different types of evidence,and realizing the conversion of administrative evidence into criminal judicial evidence.The execution of the transfer of the case in China is connected.In the end,by clarifying the transfer procedure and content standards for the crime of producing and selling counterfeit drugs,a procedural path was laid for the criminal connection of the crime.The fourth part of the article is mainly to explain the contradictions in the connection between theory and practice in the crime of producing and selling counterfeit drugs,and to put forward my own suggestions for the contradictions.Practice and theory are not simple superpositions,and there are also contradictions when the theory and practice are connected.The contradiction between the theory and practice in the crime of producing and selling counterfeit drugs is mainly the contradiction of easy incrimination,difficult to escape,and the new " The contradiction between the Drug Administration Law and the application of China’s criminal law and the trend of criminalization continue to strengthen the contradiction with the modest restraint of the criminal law.To address the above contradictions,the author draws on the "first offense exemption" system in tax evasion crimes and applies it to criminal punishment and In the process of linking administrative punishments,divide the boundaries between the “quality” and “quantity” of administrative and criminal malpractices,and apply administrative penalties and criminal penalties to different degrees of harm to the production and sale of counterfeit drugs.The current situation of poor connection of execution in the crime of selling fake drugs.