THE NORMATIVE CONNOTATION OF THE CRIME OF PRODUCING AND SELLING FAKE AND INFERIOR DRUGS:ATTRIBUTE,DISCRIMINATION AND PATH
The Criminal Law Amendment(Ⅺ)amends the relevant provisions on the crime of producing and selling fake and inferior drugs,giving rise to a series of theoretical and practical controversies.The crime of producing and selling fake and inferior drugs has deleted the expression of the crime of identifying fake and inferior drugs"according to the Drug Administration Law",but it does not negate the legal crime nature of related drugs crimes.The crime of hindering drugs administration and the crime of producing and sell-ing fake and inferior drugs are both legal crimes under the Criminal Law Amendment(Ⅺ)era.They not only have a cross-competition and cooperation relationship,but also have their own scope and focus of illegal evaluation,which should not be confused.Under the background of decoupling of drugs identification standard and pre-law,although the identification of fake and inferior drugs in criminal law still takes Article 98 of Drug Administration Law as the formal reference,the substantial scope of fake and inferior drugs should be judged independently according to the principle of legal interest protection in criminal law.
crime of fake drugscrime of inferior drugslegal crimecrime of hindering drugs administration