What are the constitutive elements of the crime of producing and selling fake and inferior products? The object of infringement is the national management system for the quality of ordinary products. Ordinary products refer to products other than medicines, food, medical devices, electrical appliances related to personal and property safety, pesticides, veterinary drugs, fertilizers, seeds, cosmetics and other products as otherwise stipulated in the Criminal Law. The national product quality management system refers to the system that the state stipulates the standards of product production through laws and administrative regulations, the contents of quality supervision and inspection in the process of product leaving the factory or selling, the responsibilities and obligations of producers and sellers for product quality, damages and legal liabilities. The crime of producing and selling fake and inferior products violates the above-mentioned national product quality management system. Producing and selling fake and inferior products that do not meet the product quality standards disrupts the order of product quality supervision and management and infringes on the legitimate rights and interests of consumers. Objectively speaking, the objective requirement is the behavior of producers and sellers to produce and sell fake and inferior products in violation of national laws and regulations on product quality management. Violation of product quality management laws and regulations generally refers to violation of People's Republic of China (PRC) Product Quality Law, People's Republic of China (PRC) Standardization Law, People's Republic of China (PRC) National Metrology Law, Regulations on Industrial Product Quality Responsibility, local laws and regulations on product quality formulated by relevant provinces, autonomous regions and municipalities directly under the Central Government, and relevant industry standards and rules. The definition standard of fake and shoddy products is stipulated in the above product quality regulations. The objective behavior of this crime can be divided into the following four behaviors: (1) doping and adulteration. This refers to the actor mixing impurities or counterfeit goods in the process of product production and sales. (2) confuse the real with the fake. This refers to the behavior of the actor passing off the product as genuine, which is characterized by forging or fraudulently using the product quality certificate and its certification mark to produce or sell such products. (3) shoddy. This refers to the act of passing inferior products off as genuine and high-quality products. (4) pass off unqualified products as qualified products. This refers to the act of passing off products that do not meet product quality standards (including national standards, industry standards and local standards) as products that meet product quality standards. According to the spirit of the law, the above-mentioned four behaviors belong to the choice behavior, that is, if the actor has one of the above-mentioned four behaviors, it constitutes the crime of producing and selling fake and inferior products. If the actor has two or more of the above behaviors at the same time. It should also be considered as the crime of producing and selling fake and inferior products, and should not be punished for several crimes. The plot that the amount of producing and selling fake and inferior products reaches more than 50,000 yuan is the objective requirement of the crime of producing and selling fake and inferior products. The main elements of crime are individuals and units, which are producers and sellers of products. The producer is the manufacturer of the product (including the processor of the product), and the seller is the bulk or dispersed distributor of the product (including the direct seller of the product). Whether producers and sellers have legal production licenses or business licenses does not affect the establishment of this crime. Subjective elements are intentional in subjective aspects and generally have the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the field of sales: first, deliberate doping and adulteration in the products sold; Second, knowing that it is a fake and shoddy product, it is still sold. The above is Bian Xiao's relevant knowledge on this issue. I believe you have a general understanding through the above knowledge. If you encounter any complicated legal problems, please visit our website for online consultation with lawyers. Of course, you can also choose to call our customer service staff directly.
Legal objectivity:
The infringement of object elements on object is a national management system for the quality of ordinary products. Ordinary products refer to products other than medicines, food, medical devices, electrical appliances related to personal and property safety, pesticides, veterinary drugs, fertilizers, seeds, cosmetics and other products as otherwise stipulated in the Criminal Law. The national product quality management system refers to the system that the state stipulates the standards of product production through laws and administrative regulations, the contents of quality supervision and inspection in the process of product leaving the factory or selling, the responsibilities and obligations of producers and sellers for product quality, damages and legal liabilities. The crime of producing and selling fake and inferior products violates the above-mentioned national product quality management system. Producing and selling fake and inferior products that do not meet the product quality standards disrupts the order of product quality supervision and management and infringes on the legitimate rights and interests of consumers. Objectively speaking, the objective requirement is the behavior of producers and sellers to produce and sell fake and inferior products in violation of national laws and regulations on product quality management. Violation of product quality management laws and regulations generally refers to violation of People's Republic of China (PRC) Product Quality Law, People's Republic of China (PRC) Standardization Law, People's Republic of China (PRC) National Metrology Law, Regulations on Industrial Product Quality Responsibility, local laws and regulations on product quality formulated by relevant provinces, autonomous regions and municipalities directly under the Central Government, and relevant industry standards and rules. The definition standard of fake and shoddy products is stipulated in the above product quality regulations. The objective behavior of this crime can be divided into the following four behaviors: (1) doping and adulteration. This refers to the actor mixing impurities or counterfeit goods in the process of product production and sales. (2) confuse the real with the fake. This refers to the behavior of the actor passing off the product as genuine, which is characterized by forging or fraudulently using the product quality certificate and its certification mark to produce or sell such products. (3) shoddy. This refers to the act of passing inferior products off as genuine and high-quality products. (4) pass off unqualified products as qualified products. This refers to the act of passing off products that do not meet product quality standards (including national standards, industry standards and local standards) as products that meet product quality standards. According to the spirit of the law, the above-mentioned four behaviors belong to the choice behavior, that is, if the actor has one of the above-mentioned four behaviors, it constitutes the crime of producing and selling fake and inferior products. If the actor has two or more of the above behaviors at the same time. It should also be considered as the crime of producing and selling fake and inferior products, and should not be punished for several crimes. The plot that the amount of producing and selling fake and inferior products reaches more than 50,000 yuan is the objective requirement of the crime of producing and selling fake and inferior products. The main elements of crime are individuals and units, which are producers and sellers of products. The producer is the manufacturer of the product (including the processor of the product), and the seller is the bulk or dispersed distributor of the product (including the direct seller of the product). Whether producers and sellers have legal production licenses or business licenses does not affect the establishment of this crime. Subjective elements are intentional in subjective aspects and generally have the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the field of sales: first, deliberate doping and adulteration in the products sold; Second, knowing that it is a fake and shoddy product, it is still sold.