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我国刑法在生产、销售假药罪与生产、销售劣药罪的社会危害性严重程度的认定上前后矛盾,生产、销售假药罪与生产、销售劣药罪刑事责任的差距逐渐扩大,并且假药、劣药如何区分仍未得到解决。司法实践中生产、销售劣药犯罪案件极少,原因在于假药劣药范畴模糊,结果犯的立法模式无法应对生产、销售劣药罪的实务需求。从严厉惩治生产、销售劣药犯罪行为及完善药品犯罪刑法体系角度出发,有必要取消我国刑法中假药、劣药二元标准的立法模式,取消生产、销售劣药罪,将劣药纳入假药范畴。
The criminal law in our country has produced inconsistencies in the determination of the seriousness of the harmfulness of society in the production and sale of counterfeit drugs and the production and sales of counterfeit drugs. The gap between the criminal responsibility of producing and selling counterfeit drugs and the criminal liability of producing and selling inferior drugs has been gradually widened. How to distinguish between medicine and inferior medicine has not been solved. Judicial practice in the production and sale of substandard crime is extremely rare, because the category of fake drugs is vague, resulting in the legislative model can not cope with the production and sale of substandard crime of the practical needs. From the perspective of strictly punishing the production and sale of inferior drugs and improving the criminal law system of drug crimes, it is necessary to abolish the legislative mode of dual standard of counterfeit drugs and inferior drugs in our criminal law, abolish the crime of producing and selling inferior drugs, Medicine category.