On The Behavioral Patterns Of The Crime Of Obstructing Drug Administration

Based on the entire life cycle of drugs,the "Criminal Law Amendment(11)"cracks down on certain behaviors that seriously violate the order of drug management and endanger human health,and adds the crime of obstructing drug management,which effectively fills the "blank" of criminal regulation.Area".This crime stipulates four kinds of behaviors,which can be classified into production,sales,and import obstructing drug administration and deception obstructing drug administration.Among them,the two acts in the first paragraph(1)and(2)of Article 142-1 of the Criminal Law belong to the production,sales and import activities that hinder the management of drugs.As far as the production,sale,and import of drugs obstructing the management of drugs are concerned,among the behavioral methods,production should be an artificial behavior,it should not have a fixed behavioral method,and the production purpose should have a certain specificity.Secondly,for sales,there are no too many restrictions on the way of sales,and the time to obtain benefits may also be before,when or after the delivery of the relevant drug,and the target of sales should be directed to unspecified or many people.For the import behavior,it should be distinguished from the import of drugs in the bonded area and the general import.For the import from the bonded area,only the imported drugs enter the country from the bonded area without obtaining the approval document to be considered as the crime of this crime.In addition,the production and sale of this crime is not a composite type of behavior.Both the production of related drugs and the sales of related drugs are essentially violations of the drug management order,and deserve to be punished by criminal law alone;In the determination,it should be examined whether the parties violated the administrative obligations.Among the objects of conduct,the identification of "prohibited drugs" cannot refer to the general provisions of prohibited drugs to identify drugs for this crime,and the drugs that have been cancelled are not necessarily drugs that are prohibited for use in this crime,and should be prohibited according to the national drug administration department.The drugs for which the crime has been determined by the announcement;"drugs that have not obtained approval documents" do not include drug business licenses and drug qualification certificates,but only include relevant licenses for drug production,marketing,and import.As far as deceptive acts of hindering drug administration are concerned,for the false registration application in this crime,the determination of "false" should establish two criteria: whether it is enough to influence the judgment of the drug supervision and administration department to make an administrative license,and whether it is "sufficient to seriously endanger human health"..In addition,in the identification of "other means of deception",the object of deception is not limited to the drug supervision and administration department and its staff,but may also include third-party identification and testing personnel,and the means adopted should not be limited to providing false materials.this type of behavior.For the act of fabricating production and inspection records,the core of the fabrication is that it cannot reflect the real production and inspection data.The degree of fabrication should be enough to seriously endanger human health.The content of production and inspection records should also be determined in accordance with relevant norms.