Legal subjectivity:

The criminal law is specifically divided into: the crime of producing and selling counterfeit and inferior products and the crime of selling goods with counterfeit registered trademarks, as well as corresponding special products such as food, medicine, cosmetics, and seeds. Crimes, therefore the corresponding crimes and penalties are: 1. Crimes and penalties of producing and selling counterfeit and inferior products: Article 140 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011). Anyone who adulterates or adulterates, passes off a fake product as a genuine product, passes off a substandard product as a good product, or passes off a substandard product as a qualified product, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be sentenced to A fine of not less than 50% but not more than twice the sales amount shall be imposed; if the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, the person shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than twice the sales amount. The following fines shall be imposed; if the sales amount is more than 500,000 yuan and less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years, and shall be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to 10 years' imprisonment. Five years' imprisonment or life imprisonment, and a fine of not less than 50% but not more than twice the sales amount, or confiscation of property. 2. Crimes of selling goods with counterfeit registered trademarks and penalties: Article 214 of the Criminal Law of the People's Republic of China and the People's Republic of China (revised in May 2011) Who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. 3. Crimes of producing and selling counterfeit drugs and penalties: Article 141 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011) Whoever produces and sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. and shall also be fined; if it causes serious harm to human health or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if it causes death or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and life. Imprisonment or death, and a fine or confiscation of property. Counterfeit drugs as mentioned in this article refer to drugs and non-drugs that are counterfeit drugs and treated as counterfeit drugs in accordance with the provisions of the Drug Administration Law of the People's Republic of China. 4. Crimes of producing and selling inferior drugs and penalties: Article 142 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011) Whoever produces or sells inferior drugs that causes serious harm to human health shall be sentenced to three years in prison to a fixed-term imprisonment of not less than 10 years but not more than 10 years, and a fine of not less than 50% but not more than twice the amount of sales; if the consequences are particularly serious, the sentence is to not less than 10 years in prison or life imprisonment, and a fine of not less than 50% and not more than twice the amount of sales. fines or confiscation of property. The term "substandard drugs" as mentioned in this article refers to drugs that are inferior drugs in accordance with the provisions of the "Drug Administration Law of the People's Republic of China". 5. Crimes and penalties for producing and selling food that does not meet safety standards: Article 143 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011). Producing and selling food that does not meet food safety standards is sufficient. Those who cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; those who cause serious harm to human health or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. and shall also be fined; if the consequences are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated. 6. Crimes of producing and selling toxic and harmful food and penalties: Article 144 of the Criminal Law of the People’s Republic of China and the People’s Republic of China (amended in May 2011): Mixing poisonous and harmful non-toxic food into food produced and sold. Food raw materials, or selling food knowingly mixed with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; whoever causes serious harm to human health or has other serious circumstances shall be sentenced to not less than five years and ten years The following fixed-term imprisonment and a fine; if it causes death or other particularly serious circumstances, the offender shall be punished in accordance with the provisions of Article 141 of this Law.

7. Crimes and penalties for producing and selling sanitary equipment that does not meet standards: Article 145 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011) Production does not meet national standards and industry standards that protect human health Anyone who knowingly sells medical devices or medical and sanitary materials that do not comply with national standards or industry standards for protecting human health, which is serious enough to endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined for selling A fine of not less than 50% but not more than twice the amount of sales; if it causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine not less than 50% but not more than twice the amount of sales; if the consequences are particularly serious, The person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount, or have property confiscated. 8. Crimes and penalties for producing and selling products that do not meet safety standards: Article 146 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011): Production that does not meet national standards for protecting personal and property safety, Industry standard electrical appliances, pressure vessels, flammable and explosive products or other products that do not comply with national standards and industry standards to protect personal and property safety, or sell products that are knowingly sold that do not comply with national standards and industry standards to protect personal and property safety. Products that cause serious consequences shall be sentenced to fixed-term imprisonment of not more than five years and a fine of not less than 50% but not more than twice the sales amount; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 50% of the sales amount but not more than twice the amount of sales. A fine of more than twice but not more than twice. 9. Crimes and penalties for producing and selling counterfeit pesticides, veterinary drugs, chemical fertilizers, and seeds: Article 147 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011) Production of fake pesticides, fake veterinary drugs, and fake chemical fertilizers, Selling pesticides, veterinary drugs, chemical fertilizers, and seeds that are knowingly fake or that have lost their effectiveness, or producers and sellers passing off unqualified pesticides, veterinary drugs, fertilizers, and seeds as qualified pesticides, veterinary drugs, fertilizers, and seeds, causing greater harm to production. Those who suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined not less than 50% and not more than two times of the sales amount; A fine of not less than 50% but not more than twice the amount of sales shall be imposed; if production suffers particularly heavy losses, the person shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of sales or property shall be confiscated. 10. Crimes and penalties for producing and selling cosmetics that do not meet hygienic standards: Article 148 of the Criminal Law of the People’s Republic of China and the People’s Republic of China (amended in May 2011) produces cosmetics that do not meet hygienic standards, or sells cosmetics that knowingly are Cosmetics that do not meet hygienic standards and cause serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount. Article 149 of the Criminal Law of the People's Republic of China and the People's Republic of China (amended in May 2011). The production and sale of the products listed in Articles 141 to 148 of this section shall not constitute a If the sales amount exceeds 50,000 yuan, the person shall be convicted and punished in accordance with the provisions of Article 140 of this section. If the production or sale of the products listed in Articles 141 to 148 of this section constitutes a crime stipulated in each of the respective articles, and at the same time constitutes a crime stipulated in Article 140 of this section, he shall be punished in accordance with Serious provisions lead to conviction and punishment. Article 150 If a unit commits the crimes stipulated in Articles 140 to 148 of this section, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be fined in accordance with the respective regulations. The penalties specified in this article. Legal objectivity:

1. The key to drawing a clear line between the crime of producing and selling counterfeit products and non-criminal behavior is to consider whether the perpetrator is subjectively intentional and the objective results. When the perpetrator intentionally manufactures and sells counterfeit and shoddy products, and the sales amount reaches more than 50,000 yuan as stipulated by law, a crime is committed; the production and sale of fake and shoddy products with a sales amount of less than 50,000 yuan is generally an illegal act, and may be investigated by the industrial and commercial administration department in accordance with the law. Administrative penalties will be imposed. For cases that occur in practice where only the counterfeit and inferior products themselves are investigated, but it is difficult or even impossible to ascertain the sales amount of the counterfeit and inferior products, according to the judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate on April 5, 2001, "the counterfeit and inferior products have not yet been sold" If the value of the goods reaches more than three times the sales amount stipulated in the criminal law, he will be convicted and punished for the crime of producing and selling counterfeit and inferior products (attempted)."

2. Draw a clear line between the crime of producing and selling counterfeit and inferior products and other crimes. This mainly refers to the crime of producing and selling counterfeit and inferior products and the production and sale of counterfeit medicines, food that does not meet hygienic standards or toxic, harmful, or substandard medical equipment, The boundaries of the crime of producing and selling specific counterfeit and shoddy goods such as cosmetics that do not meet hygienic standards are mainly different in the objects of the crime, that is, the types of counterfeit and shoddy products. As mentioned above, this crime produces and sells ordinary items, while crimes such as the crime of producing and selling counterfeit drugs produce and sell specific items. According to the provisions of Articles 140 and 149 of the Criminal Law, there is a legal conflict between the crime of producing and selling counterfeit and inferior products and the crime of producing and selling counterfeit medicines and other crimes stipulated in Articles 141 to 148, that is, Article 140 It belongs to common law, while Articles 141 to 148 belong to special law. In the case of conflicting legal provisions, special laws should be applied before common law. This is the basic principle for dealing with the relationship between special laws and common law, and is also the basic spirit of Article 149, paragraph 1, of the Criminal Law. However, Paragraph 2 of Article 149 also stipulates that if the production and sale of the products listed in Articles 141 to 148 of this section constitutes a crime stipulated in each of the articles, and at the same time constitutes a crime stipulated in Article 140 of this section, he shall be punished in accordance with the provisions of Article 140 of this section. More serious provisions lead to conviction and punishment. This provision embodies the spirit of choosing the right one and should be an exception to the principle that special laws are superior to common law.