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目的探讨《刑法修正案(八)》关于生产、销售假药罪的规定对药监部门执法的影响。方法通过对《刑法》第一百四十一条第一款修订前后进行比较、分析、思考,提出在修订后的《刑法》下,药监执法发生的变化及注意事项。结果与结论修订后的《刑法》增强了药监部门打击生产、销售假药犯罪的可操作性,但执法过程中药监部门与公安部门的联动机制亟待建立。
Objective To explore the impact of the provisions of the Criminal Law Amendment (8) on the enforcement of the drug regulatory department’s provisions on the crime of producing and selling counterfeit drugs. Methods By comparing, analyzing and thinking about the first paragraph of Article 141 of the Criminal Law before and after the revision, the author puts forward the changes and precautions of the drug supervision law under the revised Criminal Law. Results and Conclusion The revised Criminal Law has strengthened the operability of the drug regulatory department in cracking down crimes of producing and selling fake drugs. However, the linkage mechanism between the drug regulatory department and the public security department in the process of law enforcement needs to be established urgently.