A Comparative Study On The Crime Of Producing And Selling Fake And Shoddy Goods Between China And The United States

In China,the crime of production and sale of counterfeit and substandard goods is set up in the form of a class offence in Chapter III,Section I of the Criminal Code,under which drugs,food,medical equipment,pesticides,veterinary drugs,cosmetics,fertilizers,seeds and other commodities are regulated as objects of crime.In contrast to the centralised and unified code model in China,the United States has adopted a decentralised legislative model,with various commodity offences scattered throughout the various federal executive branch laws.Due to the absence of a criminal code,the degree of legal systematization is significantly lower than in civil law code countries,and a variety of legislative systems appear side by side in the US criminal law system,with relationships complementing and conflicting at the same time.The main text is a comparative study of food and drug offences as the subject of commodity offences in the two countries,from the adoption of a combination of universal and specific approaches,to explore the background and reasons for their development into different legislative models,and to conduct a comprehensive and detailed analysis of the two countries in terms of the offence,the composition of the offence and the setting of penalties for this offence.The first chapter takes the legislative history of the crime of manufacturing and selling counterfeit and substandard goods in the two countries as the main line,and illustrates the characteristics of the different legislative models in different social and historical contexts,especially introducing the progress of the US criminal law regulating this type of crime,showing how the US has gradually become a major country in the world through a series of criminal legislation to become a major country in terms of commodity safety.The second and third chapters mainly focus on food and drug crimes,and through comparing the differences between China and the United States in terms of crime settings and theories of criminal responsibility for food and drug crimes,they point out the narrow scope of criminal subjects,the lack of qualification penalties,the inefficiency of the administrative-criminal interface and the controversy over the retention or abolition of the death penalty in China.In contrast to China,the problems of the US regulation of this crime are mainly reflected in the conflict between the broad crime circle and the concept of "prudent punishment" in judicial practice,as well as the blurring of the boundaries between administrative and criminal prohibitions caused by the parallelism of multiple laws,and the difficulties in grasping the standards of citizens' compliance with the law,which are discussed in Chapter 4.Finally,in view of the strengths and weaknesses of the United States,specific proposals are put forward at the end of the article,with particular emphasis on the need to continue to uphold the unified model of code legislation in China and to continuously enrich the content of administrative law to provide a solid foundation for criminal law,in order to avoid the problems that exist in American legislation.