Definition of Fake and Substandard Goods in the Crime of Manufacturing or Selling Fake and Substandard Goods

Abstract

The core of the determination of the crime of manufacturing or selling fake and substandard goods lies in the accurate definition of fake and substandard goods. In judicial practice, there are problems such as over-reliance on administrative determination and neglect of independent judgment of criminal illegality, which leads to the situation that administrative determination dominates criminal judgment. By analyzing the relationship between criminal law norms and administrative pre-law, combined with the principle of unity of legal order, this paper puts forward that both the formal standard and the infringement of substantive legal interests should be taken into account in the identification of fake and substandard goods, and the identification standards can be improved by clarifying the scope of legal interests protection, limiting the starting conditions of judicial expertise, and strengthening the rules of linkage between administrative enforcement and criminal justice, so as to realize the dynamic protection of market trading order and consumer rights by criminal law.