On The Protection Of Legal Interests And Crime Type Of The Crime Of Impairing Pharmaceutical Administration

This paper studies the protection of legal interests and crime type of the crime of Impairing Pharmaceutical Administration.The purpose and task of criminal law is to protect the interests of law,that is,to regulate the behavior that infringes the interests of law.At the same time,delimit the boundary of the criminal law section.Therefore,criminal law should consider whether a certain legal interest is worth protecting,and interpret legal provisions according to the interests of the protection law.Whether the establishment of the crime of impairing pharmaceutical administration means that lawmakers separate the "drug management order" from the crime of producing and selling counterfeit drugs and take it as the protection interest of this crime alone,whether this legislative positioning is reasonable is worth further discussion.At the same time,in order to ensure drug quality,stability and safety,in the face of a severe situation of drug crime,The Chinese legislature has criminalized the production or sale of drugs prohibited by the drug regulatory department under The State Council,the production or import of drugs without obtaining relevant drug approval documents,or the knowingly selling of such drugs,the fraudulent registration of drugs,and the fabrication of production and testing records.The reasonable identification of these four types of behavior is related to the correct application of this crime,so it is necessary to analyze the content of the behavior from the level of norms.At the same time,combined with the Interpretation on Several Issues concerning the Application of Law in the Handling of Criminal Cases Endangering Drug Safety,which came into effect on March6,2022,the application analysis is made on the incriminating elements of this crime which are "enough to seriously endanger human health",so as to prevent the improper expansion or limitation of the penalty boundary of this crime.In addition,the "drugs" referred to in this crime are distinguished from fake drugs and inferior drugs,and analyze the concurrence and implication between this crime and related crimes.In addition to the introduction and conclusion,the main part of this article consists of five parts.The first part focuses on the legislative evolution of drug crime and the theoretical basis of the establishment of the crime of impairing pharmaceutical administration.Through sorting out the relevant legal provisions of drug crimes,it is found that the first two types of criminal behaviors of the crime of impairing pharmaceutical administration are separated from the crime of producing and selling counterfeit drugs,and the last two types of criminal behaviors are legislative supplements according to the loopholes of drug crime regulation in recent years.There are three legitimate bases for the establishment of this crime: first,the practical needs of perfecting the crime system.In recent years,some new criminal acts endangering drug safety have been exposed gradually,which have become a new source of danger seriously endangering public health and the national drug administration order.However,there is a lag in the criminal law,and it is hard to regulate the increasingly complex criminal behavior.In order to ensure the regulatory power of the criminal law on the drug crime,it is necessary to establish the crime of hindering the drug administration.The second is the inherent requirement of correcting criminal justice errors.By establishing the crime of impairing pharmaceutical administration,we can prevent the criminal justice from improperly identifying the criminal responsibility of the behaviors that violate the standard of drug production and quality management,so as to correct the deviation of criminal justice in dealing with drug crime cases and strengthen the punishment of drug-related crimes.The third is to better realize the convergence of administrative law and criminal law.The revision of the Drug Administration Law in 2019 is directly related to the definition of relevant acts in drug crimes.The Criminal Law must revise relevant provisions of drug crimes to meet the internal requirements of the unity of legal order,so as to ensure the orderly connection between the Criminal Law and the Drug Administration Law.The second part focuses on the legal benefits of the protection of crime of impairing pharmaceutical administration.This paper sorts out the different views of the academic circles on the legal benefits of this crime,analyzes the theoretical basis of "compound legal benefit theory" and "public health and life safety theory",and the problems existing in the application of these two views to this crime.Based on the analysis of the legislative intent of the addition of this crime in the Eleventh Amendment to the Criminal Law,the relationship between collective legal interests and individual legal interests,and the object of this crime,this article clarifies the legitimacy of drug management order as the protection of legal interests of this crime.The third part discusses the different views on the crime types,analyzes the views and basis of "concrete danger theory" and "quasi-abstract danger theory" respectively,uses the method of system interpretation to elaborate the purpose of "enough to seriously harm human health",and clarifies that this crime should belong to the concrete danger crime on the basis of the clear distinction standard between abstract danger crime and concrete danger crime.The fourth part analyzes the behavior mode of the crime of impairing pharmaceutical administration.Through the definition of the four categories of illegal acts referred to in this crime,clear the specific connotation of production and sales acts.In addition,the article analyzes the provisions of Criminal Law,Drug Administration Law and relevant judicial interpretations,and clarifies the judgment criteria of fraudulent drug registration and fabricating inspection and production records,so as to correctly distinguish administrative and criminal illegal acts.The fifth part discusses the relationship between this crime and other crimes from the perspective of the crime of impairing pharmaceutical administration.If,as stipulated in Article 142 of the Criminal Law,it meets the requirements for the establishment of the crime of obstructing drug administration,but also constitutes other related crimes,it shall be convicted and punished in accordance with the provisions of heavier punishment.By comparing the behavior and the object of the behavior,this paper analyzes the relationship between the crime of impairing pharmaceutical administration,the crime of producing and selling fake drugs(substandard drugs),the crime of illegal business,and the crime of smuggling,so as to correctly apply the crime of "heavier punishment".