On the Identification of"Counterfeit Drugs"in Drug Crimes
After the deletion of the concept of counterfeit drugs in the Amendment(Ⅺ)to the Criminal Law of the People's Republic of China,how to identify counterfeit drugs in drug crimes has become a common concern in both theoretical and practical fields.This is a typical issue where administrative law and criminal law intersect,and the principle of the unity of legal order has guiding significance for its solution.The theory of illegal relativity is the most appropriate understanding of the principle of unity of legal order.Therefore,it cannot support the view that counterfeit drugs in drug crimes are completely consistent with those in the Drug Administration Law of the People's Republic of China,nor can it be certain that counterfeit drugs in drug crimes can be independently recognized without the provisions of the Drug Administration Law of the People's Republic of China.Instead,the premise should be based on the counterfeit drugs specified in the Drug Administration Law of the People's Republic of China,and substantive harm judgments should be made on this basis.On the one hand,as long as a certain drug is not a counterfeit drug as stipulated in the Drug Administration Law of the People's Republic of China,even if it has substantial harm to human health,it does not belong to the category of counterfeit drugs in drug crimes;On the other hand,if a certain drug falls under the category of counterfeit drugs specified in the Drug Administration Law of the People's Republic of China,but does not pose substantial harm to human health,then it cannot be recognized as a counterfeit drug in drug crimes.
drug crimescounterfeit drugsunity of legal ordersubstantive harm
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