Study On The Scope Of Punishment For The Crime Of Impairing Durg Administration

In order to strengthen drug safety and protect the safety of the people,and to further link up with the new "Drug Administration Law",the "Criminal Law Amendment Ⅺ" adds the crime of obstructing drug administration,and establishes a crime structure and punishment ladder from offenders to abstract dangerous offenders.Based on the compound legal interest position expressly stipulated in the law and the constituent elements,it discusses the focus of controversy on the behavior object,the scope of the behavior,and the scope of the danger.The objects of the crime of obstructing drug management include "prohibited drugs","unlicensed drugs",drug application registration information,and production inspection records.These two categories once belonged to the crime of producing,selling,and supplying counterfeit medicines,and this change of "unlicensed medicine" may rewrite the ending of case of Lu Yong.In terms of the scope of behavior,it increases the deception in drug application registration which is usually combined with downstream administrative illegal use;it also increases the behavior of fabricating production inspection records,and the Changchun Changsheng vaccine case will be a nuisance drug in the new French context.Producing and importing activities are independent implementation activities,and there are no profit-making requirements for sales activities.The element "sufficient to seriously endanger human health" is a typical expression of German theoretical qualified crime and belongs to the third type of potential damage offense.When it has the possibility of causing a dangerous state to the life and health of the legal benefits,it reaches the completed form.The determination of the space scope of the crime of obstructing drug management can be determined from the following three steps: 1.Violation of the provisions of the preceding law;2.The behavior that may put legal interests into a dangerous state(including the judgment of the dangerous state and the nature of the behavior object);Third,the existence of risk negative factors.