生产、销售没有社会危害性“假药”如何定性——以“倪某生产销售假药案”为例.pdfVIP

Abstract In recent years, the problem of drug and that related to crimes emerges in an endless stream. In order to crack down on such illegal and criminal behavior, the state lowers the threshold of production and sales of counterfeit drug crime in the Eighth Amendment of the Criminal Law promulgated in 2001. Nevertheless, the new judicial interpretation has not enacted with the amendment, resulting in the understanding deviation of the judicial authority, and then resulting in the different treatment suggestions with the similar cases all over, which thus affects the judicial fairness. For the purpose of better facilitating law enforcement and impeding judicial injustice, the author analyses the case of Ni’s production and sales of counterfeit drug in Jinhua City Zhejiang Province, attempting to analyze and research on the objects, causality and the related of production and sales counterfeit drug crime, in addition, on the basis of which, putting forward a quantity of legislative suggestion, to hope to have the instruction and model significance on theoretical research and judicial practice hereafter. By means of introduction, the thesis sums up the focus of the case and surrounding which discusses the objects, causality and the related of production and sales of counterfeit drug crime. The thesis is divided into four parts what respectively are: introduction of the case, the related legal analysis, investigation and conclusion based on this case and fore glimpse from the case research. The first part is the basic condition of the case, briefly introduces the subject matter, details, difference in opinions and argument focuses. The second part is related legal analysis. The author investigates legal issues caused by the disputes and divergence of