The crime of producing and selling fake and inferior goods, the crime of producing and selling inferior medicines, the crime of producing and selling nonstandard products, the crime of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds, and the crime of producing and selling cosmetics that do not meet the hygienic standards are all actual damage offense and non-selective accusation. Producing is not act of perpetrating, and sole producing without selling does not constitute a crime, while the crime of producing and selling fake medicines and the crime of producing and selling poisonous and harmful foods are abstract dangerous offence. The crime of producing and selling nonstandard foods and the crime of producing and selling nonstandard medical equipment are quasi abstract dangerous offence, all of which are selective accusations. In these crimes, producing is the act of perpetrating, and should be judged as accomplished offence. In order to effectively protect legal benefits and save judicial resources, the sales amount should be calculated according to the market retail price of certified products however many selling intermediate links are involved. Lu Yong has provided procurement service of unapproved imported medicine of equal curative effects, which is of no substantive illegality and thus doesn't constitute the crime of selling counterfeit medicines.%生产、销售伪劣产品罪,生产、销售劣药罪,生产、销售不符合安全标准的产品罪,生产、销售伪劣农药、兽药、化肥、种子罪以及生产、销售不符合卫生标准的化妆品罪属于实害犯,均非选择性罪名,生产行为并非实行行为,仅生产而未销售的,不构成犯罪.生产、销售假药罪与生产、销售有毒、有害食品罪属于抽象危险犯,生产、销售不符合安全标准的食品罪与生产、销售不符合标准的医用器材罪属于准抽象危险犯,四个罪名均为选择性罪名,生产行为系实行行为,可单独成立生产上述伪劣商品犯罪的既遂.为有效保护法益和节省司法资源,无论经过多少中间销售环节,应统一以正品的市场零售价计算销售金额.陆勇代购未经批准进口的具有同样疗效的药品的行为,不具有实质违法性,不构成销售假药罪.
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