制售假药的新趋势及法律对策研究

Research on the New Trend of Producing and Marketing Fake Medicine and its Legal Countermeasures

假药制售竟成为日常生活中司空见惯的现象,近年来不断呈现出新的趋势:不法分子开始利用高科技手段集团化制造假药,并利用互联网、明星代言假药广告或举办义诊活动等方式销售假药。假药制售现象之猖獗,逐渐暴露出我国在药品立法、行政和司法方面的法律缺陷。为有效遏制假药制售,我国有必要在关于药品的法律、法规的制定和实施方面采取积极的措施。

The producing and marketing of fake medicine, as an ordinary phenomenon in our daily life, has been showing new trend in recent years. The lawless people take advantage of high technology to produce fake medicine,which is characterized by collectivization. Some even cheat patients into buying their medicines by means of advertisement on the Internet, of famous stars, or giving volunteer medical consultation. This unchecked practice gradually reveals the legal defect in the legislation, administration and judicature of medicine in our nation. To crack down on the producing and marketing of fake medicine effectively in China, it is necessary to take active measures in the enactment, enforcement and application of related drug laws and regulations.