The amendments to the criminal law provisions sales of counterfeit punishment

　　The theory of criminal law haveBehavioral offenseAndResult crimeDistinguish. Is generally believed that: "the behavior crime, refers to as long as the implementation of some kind of harm behavior in specific provisions of criminal law constitutes accomplished crime; the crime, refers to not only the implementation of objective elements of crime of the behavior, and must be harmful consequences constitute legal, accomplished crime. Unlike the behavior crime, it has certain harm to the elements of crime as a result of. In other words, behavior crime - "for both crime". Such as trespass, perjury, the familiar concern"Drunk driving into the punishment",Is the typical behavior crime.

"PRC Criminal Law Amendment (eight)" after a 133rd increase, as one of 133rd: "drive a motorized vehicle on the road racing, if the case is serious, orDrunk driving, on the road to detention, and shall also be fined.The method of core is a word, as long as the implementation of drunk driving behavior, need not happen traffic accident crime. Let us also researchers concern is, with the "PRC Criminal Law Amendment (eight)", the article 141st of the criminal law is amended as:"Production, sales of counterfeit drugs, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances, three to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, the agency for more than ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or not the property." The author thinks: the provisions of the criminal law, the implementation of production, sales of fake drugs, will constitute a crime, is less than three years imprisonment or criminal detention, and shall also be fined. This is the theory of criminal law on crime "". That is to say, as long as the implementation of production sales of counterfeit, do not need to form the real danger or harm results, it is a crime, is less than three years imprisonment or criminal detention, and shall also be fined. In short, is the "production and sales of fake drugs into the punishment".

"Production and sales of fake drugs into the punishment" and "drunk driving into the punishment" is the theory of criminal law "behavior crime". The newly revised "the people's Republic of China criminal law," the implementation of, since May 1, 2011, no doubt, that has milepost on production and operation, to protect the safety of curb counterfeit drug mass significance."Production and sales of fake drugs into the punishment" is the progress of the legal. Production and sales of fake drugs into the punishment, on the one hand, improve the illegal cost of the perpetrators, on the other hand, accidents in the production and sales of counterfeit drugs without, having a relationship with someone who is not easy to receive the punishment, no relationship between people are likely to violate the criminal law, to provide a platform for fair law enforcement. Production and sales of fake drugs into the punishment is a great progress in drug management. Drug administration must closely follow the pace of social progress, production and sales of fake drugs into the punishment can be said to be "enjoy popular confidence", "loyalty", it is the product of our economic development, social progress, it appears, thanks to the progress of the society, but also for the further development of society to add a bright.

At present, a pressing matter of the moment is, one should attach great importance to, the extensive publicity. A profound understanding of the grim situation facing the current drug safety, attach great importance to the production and sales of fake drugs into the criminal law

Publicizing, should make full use of newspapers, radio, television, Internet and other news media, and vigorously promote the significance and purpose of production and sales of fake drugs added into the penalty, the propaganda of the Party Central Committee and the State Council, attaches great importance to a series of measures to protect people's lives and health, the safety of the drug, publicity and extensive drug production and business enterprises to actively participate in the. Two to implement the responsibility, strengthen communication. Drug administration departments and strengthen the sales of counterfeit cases management, improve work efficiency, to meet the accreditation standards, should be promptly handled, deep into the check, check the end; there is evidence that constitute a crime should be transferred to the public security organs in a timely manner. Three be linked up and down, form resultant force. Drug administration departments from the State Bureau to the bureau to strengthen sales of counterfeit in criminal cases and information collection and arrangement, the public opinion and public opinion reaction conditions, so as to promote the sale of fake medicines into the positive role of the law on the protection of punishment on drug safety.