Study On The Application Of The Crime Of Impairing Drug Administration

In order to connect with the Drug Administration Law and strengthen the drug crime law network,the Criminal Law Amendment(11)has deleted the provisions related to "fake drugs" and "substandard drugs" in the relevant provisions of the Criminal Law,and separately defined some behaviors involved in the previous "punishment based on fake drugs" situation and those that violate drug production quality management standards as the crime of obstructing drug management.The protection legal benefits of the crime of obstructing drug management are dual legal benefits,including both the order of drug management and the right to health of the drug users.The behavior violates drug management regulations,causing damage to the order and legal interests of drug management.The unclear efficacy and significant adverse reactions of the drugs involved in the case are bound to have an impact on the health of the drug users.The term "enough to seriously harm human health" in the law clearly reveals that the legal benefits violated by this crime also include the public’s right to health.The objects of production and sales of prohibited drugs are drugs prohibited by the State Council Drug Administration and drugs with prohibited ingredients added.The act of producing,importing,or selling drugs without obtaining relevant approval documents violates the production,sales management system and import and marketing system of drugs.Falsification in a drug registration application requires obtaining the drug registration application to constitute this crime.The fabrication of production and inspection behaviors requires a degree of serious impact on the safety,effectiveness,and quality controllability of drugs.The expression ’enough to seriously harm human health’ is a symbol of a specific dangerous offense,requiring actions that disrupt the order of drug management to reach a level sufficient to cause serious damage to human health.It is a description of the specific dangerous state,and therefore the type of dangerous offense that hinders drug management should be classified as a specific dangerous offense.The situations listed in the relevant judicial interpretation that are "enough to seriously endanger human health" are also based on the position of specific dangerous criminals.Understanding and applying this crime as a quasi abstract dangerous offense will improperly expand the scope of drug crime attacks.The four types of behavior of the crime of obstructing drug management involve multiple links such as the production,sales,and import of drugs,and are prone to competition with the crime of producing,selling,and providing counterfeit drugs(substandard drugs),illegal business operations,and smuggling ordinary goods and items.When dealing with overlapping situations,both the provisions of Article 142-1(2)of the Criminal Law should be taken into account,and the implementation of the principle of compatibility between crime,responsibility,and punishment cannot be ignored.