Making and selling fake goods is a general term for illegal and criminal acts of producing and selling fake and inferior commodities. According to China's current laws, the act of producing and selling fake and inferior products is classified as "the crime of producing and selling fake and inferior commodities". In judicial determination, not only the production and sale of fake and inferior commodities belong to counterfeiting and selling, but also the storage and transportation of such commodities belong to counterfeiting and selling.
Common crimes of manufacturing and selling fake and inferior commodities;
1, the crime of producing and selling fake and inferior products. This crime refers to the acts of producers and sellers who intentionally adulterate products, shoddy them, pass fake products off as genuine ones or pass unqualified products off as qualified products, and the sales amount is more than 50,000 yuan.
2. Crime of producing and selling counterfeit drugs. This crime refers to the behavior of producers and sellers who violate the national drug management regulations and knowingly produce and sell fake drugs, which is enough to seriously endanger human health.
3. The crime of producing and selling food that does not meet the hygiene standards. This crime refers to the behavior that producers and sellers violate the national laws and regulations on food hygiene management, produce and sell foods that do not meet food safety standards, and cause or may cause serious food poisoning accidents or other serious food-borne diseases.
4, production and sales of toxic and harmful food. This crime refers to the behavior that producers and sellers intentionally mix toxic and harmful non-food raw materials into the food they produce and sell, or knowingly mix them.
5, the crime of producing and selling products that do not meet the hygiene standards. This crime refers to the act of producing electrical appliances, pressure vessels, inflammable and explosive products or other products that do not meet the national and industrial standards for protecting personal and property safety in violation of the national product quality regulations, and selling products that knowingly do not meet the national and industrial standards for protecting personal and property safety, resulting in serious consequences.
The Supreme Law and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities stipulate that in order to punish the criminal activities of producing and selling fake and inferior commodities according to the relevant provisions of the Criminal Law, the Supreme People's Court and the Supreme People's Procuratorate made the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Such Cases on 200 1. Strictly define the crime of producing and selling fake and inferior commodities stipulated in Article 140 of the Criminal Law: "Doping or adulterating products" refers to the act of doping impurities or foreign bodies in products, which leads to the product quality not meeting the quality requirements stipulated by national laws, regulations or express quality standards, and reduces or loses its due performance. "Confusing the real with the fake" refers to the act of passing off a product with certain performance as a product with that performance. "shoddy" refers to the act of passing low-grade and low-grade products off as high-grade and high-grade products, or passing defective and used spare parts off as genuine products or assembled new products. "Unqualified products" refers to products that do not meet the quality requirements stipulated in the second paragraph of Article 26 of the Product Quality Law of People's Republic of China (PRC).
Article 140 of the Criminal Law stipulates that "producers and sellers adulterate products, pass fake products off as genuine ones, pass inferior products off as good ones, and pass unqualified products off as qualified products" are all applicable to this crime.