"Criminal Law Amendment（11）" Legislative Analysis Of Addition And Modification Of Drug Crimes

Criminal law amendment（11）to follow the front method modification,the production,the sale of the crime of fake medicines and medicines of inferior quality and integrate the concept of legal interest,to a certain extent,has realized the public life health law profit and drug management order of separation and purification of interests.But there are still some shortcomings.First of all,the criminal law amendment（11）although the violation of the drug administration order single row as one of article 142 of the independent regulation,but it established with "enough to cause serious damage to human health" as the standard,make a separation and purification of legal interests and create confusion,in order for the protection of medicine management charges that need to another was harm to compose standard of interests,it is inevitable that the drug crime regulation system will be chaotic and the judicial identification is difficult.The deletion of article 141 and article 142（2）of the original criminal law should be made clear.The deletion of this provision does not mean that the identification standards of counterfeit and inferior drugs in the Criminal Law are completely divorced from the Drug Administration Law,but should be understood as rigid provisions and flexible reference.It not only allows the criminal law to refer to administrative law standards with higher professionalism,economy and evidence convertibility when identifying fake and inferior drugs,but also allows the criminal law to have room for comparative judgment.At the same time,the current Drug Administration Law for counterfeit and substandard medicines for regulation,respectively,to a certain extent,more accurate of the drug crimes,but for the specific definition of fake medicines and medicines of inferior quality,there is still a concept of competition,such as specific types of confusion,need from the view of the special specification and common specification review and processing.In addition,the newly added crime of illegal supply of counterfeit drugs and inferior drugs is a great progress in the process of perfecting the closed-loop regulation chain of the whole process of drug crimes,but the scope of expansion is limited.In practice,the determination of causality of drug crimes and the change of fine into unlimited quota system are still controversial and defective.It should be further optimized on the basis of drawing lessons from both horizontal and vertical directions and combining theory with practice.