浅析我国《药品管理法》对假劣药的界定

Sample Interpretation of Definition of Adulterated Drugand Misbranded Drug in Drug Management Law

修订后的《药品管理法》的一个重要特点就是扩大了假劣药定义的外延并加大了对制售假劣药品的处罚力度 ,而要如实恰当地对违法行为量刑处罚 ,就必须对假劣药品赋以明确概念。因此 ,界定假劣药品的意义十分重要和必要。以美国对不合格药品的划分为对照 ,探究我国对假劣药的界定及存在问题 。

A significant characteristic of the Revised Drug Administration Law is that it extends the definition of adulterated drug and misbranded drug, and increases the punishment of manufacturer and seller of them. Only by making a clear definition of adulterated drug and misbranded drug can we deal with illegal activities accurately and properly. Therefore, it is particularly important and necessary to define adulterated drug and misbranded drug. This paper compares the definition of adulterated drug and misbranded drug of China with those of U.S.A., probes into the problems of the definition in the Drug Administration Law, and makes some suggestions.