Coordinated Administrative and Criminal Regulations in the Governance of the Production and Sale of Counterfeit Drugs
The phenomenon of"dual punishment"for the production and sale of counterfeit drugs,as stipulated in both criminal law and administrative law,presents a unique situation where administrative and criminal regulations overlap.This breaks away from the traditional model of legal action,which typically follows a gradient of behavior and consequence,to a model where behavior overlaps while consequences follow a gradient.From the perspective of effectively preventing and controlling the production and sale of counterfeit drugs,concurrence of administrative and criminal regulations can break down the separation between criminal and administrative penalties,facilitating a coordinated approach to governance.In order to achieve this goal,the crime of producing and selling counterfeit drugs should be interpreted as an abstract dangerous offense,integrating purely unlawful behavior into the regulatory framework of administrative law.This approach fully utilizes the advantages of administrative measures such as"ordering production cessation and business rectification"as stipulated in the Drug Administration Law for compliance governance.In determining criminal liability,a presumption can be made that engaging in harmful behavior constitutes danger,while those able to provide counter-evidence and prove innocence are subject to administrative penalties for purely unlawful behavior.Procuratorial authorities can perform integrated performance of duties to achieve coherence and coordination in legal actions.
Production and Sale of Counterfeit DrugsConcurrence of Administrative and Criminal RegulationsCoordinated Administrative and Criminal RegulationsAbstract Potential Damage OffenseIntegrated Performance of Duties
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