1, and the boundary of the crime of endangering public safety by dangerous means * * * The crime of endangering public safety by dangerous means refers to the act of deliberately using other dangerous methods that are the same as arson, breaking water, explosion, and throwing dangerous substances. And endanger public safety. The difference between the crime of producing and selling counterfeit drugs and this crime is mainly reflected in the following three aspects: First, the criminal objects are different. The crime of producing and selling counterfeit drugs is a complex object, that is, the state's supervision and management system of drugs and the health and life safety of unspecified majority; The object of the crime of endangering public security by dangerous means is a single object, that is, the life and health of unspecified majority or the safety of major public and private property. Second, the subjective aspect is different. In the crime of producing and selling counterfeit drugs, the consequences of the actor's "serious harm to human health" or "serious harm to human health" are generally indirect, that is, knowing that his actions will cause "serious harm to human health" or "serious harm to human health" and letting this result happen; In the crime of endangering public security by dangerous means, the actor has direct intention to endanger the result of public security, that is, to endanger the life and health of unspecified or most people and the safety of major public and private property, that is, to actively pursue this result knowing that his actions will cause the result of endangering the life and health of unspecified or most people and the safety of major public and private property. Third, the purpose of the crime is different. In the crime of producing and selling counterfeit drugs, the actor usually has the purpose of illegally seeking economic benefits; The purpose of the crime of endangering public safety by dangerous means is to endanger public safety, and there is no profit-making purpose. In practice, if the actor knowingly produces and sells counterfeit drugs and takes a direct and intentional attitude towards the result of "enough to seriously endanger human health" or "seriously endanger human health", it belongs to the act of producing and selling counterfeit drugs that endangers public safety and should constitute the crime of endangering public safety by dangerous means. 2. The boundary with the crime of counterfeiting a registered trademark The crime of counterfeiting a registered trademark refers to a serious act of using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner. There are two main differences between this crime and the crime of producing and selling counterfeit drugs: First, the object is different. The object of the crime of producing and selling counterfeit drugs is the national drug supervision and management system and the health and life safety of the unspecified majority; The object of the crime of counterfeiting registered trademarks is the national trademark management system and the exclusive right of others to use trademarks. The crime of producing and selling counterfeit drugs infringes on personal rights, while the crime of counterfeiting registered trademarks infringes on exclusive rights, mainly property rights. Second, the objective aspects are different. The objective aspect of the crime of producing and selling fake drugs is the act of producing and selling fake drugs in violation of the national drug administration regulations, which is enough to seriously endanger human health, among which "enough to seriously endanger human health" is the key element of the crime; The objective aspect of the crime of counterfeiting a registered trademark is the act of using the same trademark on the same commodity without the permission of the registered trademark owner. The circumstances are serious, and "serious circumstances" is the key element of the crime. In practice, in order to make counterfeit drugs easy to sell, actors often fake other people's registered trademarks to produce and sell counterfeit drugs. In this case, counterfeiting the registered trademark of others is a means or method implemented by the actor to achieve the purpose of selling counterfeit drugs. The act of producing and selling counterfeit drugs does not constitute a crime, but if the act of counterfeiting another person's registered trademark is serious enough to constitute a crime, he shall be convicted and punished for counterfeiting a registered trademark. If the act of producing and selling counterfeit drugs constitutes a crime, and the act of counterfeiting another person's registered trademark is serious, it also constitutes a crime, which belongs to the implicated offender in criminal law theory and should be dealt with according to the principle of one felony, rather than combined punishment for several crimes. The maximum penalty for the crime of producing and selling counterfeit drugs is death, while the maximum penalty for the crime of counterfeiting registered trademarks is seven years' imprisonment, so in general, it should be convicted and punished according to the crime of producing and selling counterfeit drugs. 3. Boundary with the crime of illegal business operation The crime of illegal business operation refers to an act that violates state regulations, engages in illegal business operations, disrupts market order, and the circumstances are serious. Its objective aspects include five types of behaviors: first, operating franchise, monopoly goods or other goods with restricted transactions as stipulated by laws and administrative regulations without permission; Second, buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; Third, illegally buying and selling foreign exchange outside the trading places stipulated by the state; Fourth, illegally operating securities, futures or insurance business without the approval of the relevant competent departments of the state; Fifth, other illegal business practices that seriously disrupt the market management order. The crime of producing and selling counterfeit drugs is obviously different from the crime of illegal business operation in terms of criminal object and criminal objectivity, which is easy to grasp and judge. Generally, there will be no concurrence between the two crimes. However, in the objective aspect of the crime of illegal business operation, the first kind of behavior and the crime of producing and selling counterfeit drugs, especially the crime of selling counterfeit drugs, often appear imaginative competition, that is, the behavior of the actor operating counterfeit drugs without a license often occurs in practice. Specifically, it includes two situations: one is the behavior of the actor who sells drugs without the approval of the drug supervision and administration department and the drug business license, including some fake drugs, which is serious and harmful to human health. The author believes that this situation not only constitutes the crime of illegal business operation, but also constitutes the crime of selling counterfeit drugs, and should be punished for several crimes. The other is the behavior of the actor who, without the approval of the drug supervision and administration department, has not issued a Pharmaceutical Production License or a Pharmaceutical Business License, specializing in the production and sale of counterfeit drugs, which is harmful to human health. The author believes that in this case, it is appropriate to make the production and sale of counterfeit drugs a crime. Reasons: First, the statutory maximum penalty for the crime of producing and selling counterfeit drugs is death, while the statutory maximum penalty for the crime of illegal business operation is 15 years' imprisonment. Under normal circumstances, it is more appropriate to sentence according to the crime with heavier punishment. Secondly, in the objective aspect of the crime of illegal business operation, the "franchised goods, monopolized goods or other restricted goods stipulated by laws and administrative regulations" in the first case should refer to genuine goods, not fake and shoddy goods. To sum up, the 8 million first-time offenders of the crime of producing and selling counterfeit drugs will not see if they are first-time offenders. As long as it involves major cases and causes damage to others' personal property, it will be investigated for responsibility, but there are corresponding conditions for whether it belongs to counterfeit drugs. Those with unqualified content or no active ingredients are counterfeit drugs.