Research On Criminal Responsibility Of Producing And Selling Fake And Inferior Products ——From The Perspective Of Three Product Quality Cases In China And Japan

The food and drug safety accidents,caused by the circulation of counterfeit and substandard products,have been a bitter lesson in both China and Japan.For example,there are the far-reaching Morinaga tainted milk powder incident and the hemophilia treatment agent infection with AIDS incident in Japan,and the Sanlu milk powder case,the gutter oil incident and the "fake drug case" in China,which have triggered extensive national discussions.The occurrence of the series of food and drug safety accidents has seriously undermined consumers’ faith in the country’s product quality management system and the country’s expectation of consumer rights and interests.At the same time,the production and sale of counterfeit and shoddy products involves many accusations in criminal law,and there are controversies in both theory and practice aspects on the determination of the production and sale of counterfeit and shoddy products.However,the legislators divide the production and sale of counterfeit and shoddy products into different charges in terms of different objects,which increases the difficulty of cognizance of the objective behavior to some extent and causes the status quo of difficulties in charges with overlapping relation between crimes,resulting in controversies both over the definition of practice and crime determination of the production and sale of counterfeit and substandard products.Moreover,based on the civil liability for indulging the circulation of counterfeit and substandard products in China’s Civil Code,there is no separate discussion of criminal regulation of this act in China’s criminal law.It leads to the determination and evaluation of the act of indulgence in the criminal act of production and sale of counterfeit and substandard products,making it difficult to effectively regulate the enlargement of legal interest damage caused by indulging the circulation of fake and shoddy products.One the one hand,through the comparative study of the criminal regulation of production and sale of fake and shoddy products in China and Japan,this thesis aims to effectively control the crime of production and sale of counterfeit and substandard products.On the other hand,by absorbing and learning from Japan’s way of assuming criminal liability for the injury and death caused by indulging this act,this thesis tends to find a way conducive to regulating the negative inaction of producers and sellers for counterfeit and substandard products putting into circulation and avoid the serious consequences of the enlargement of legal interests damage.From the perspective of systematization and integration,this thesis adopts the case study method and comparative research method and takes the four specific modes of behavior stipulated in the crime of production and sale of counterfeit and substandard products in China and the relevant cases of production and sale of counterfeit and substandard products in Japan as the main comparative research objects.This thesis aims to explore the criminal determination of certain acts of production and sale of counterfeit and substandard products under the perspective of China’s criminal law,so as to clarify the criminal determination of production and sale of counterfeit and substandard products in China.In addition,based on the aforementioned comparative study,this thesis also explores whether the act of indulging constitutes negative crime when it violates the new legal interests.This thesis consists of three chapters.The first chapter is the case introduction and the summary of the focus of the controversy which leads to a number of issues involved in the production and sale of counterfeit and substandard products.The second chapter is a comparative analysis of the criminal determination of the production and sale of counterfeit and substandard products in China and Japan focusing on the controversies.The third chapter probes into the shortcomings of China’s current criminal determination of production and sales of counterfeit and substandard products,and comes up with suggestions for improving the criminal determination of production and sales of counterfeit and substandard products in China through comparative analysis.