Protection of the crime of producing and selling counterfeit and shoddy products and correcting the application

The legal interest of the market order protected by the crime of producing and selling counterfeit and shoddy products is to prohibit the market circulation of dangerous products, and the legal interest of consumers protected is the right to know of unspecified consumers in the market. The production and sale of fake and shoddy products that only infringe on the market supervision system, or only infringe on the rights and interests of specific buyers, do not constitute this crime. This crime should be a single crime, and the crime of simply producing fake and shoddy products should not constitute this crime. Selling "fake but not inferior" products that infringe on the right to know of unspecified consumers can constitute this crime. The premise of determining "shoddy charging" is that the products being compared belong to the same category and have relatively clear quality grade standards as a basis for comparison. The distinction between this crime and other crimes of producing and selling counterfeit and shoddy goods cannot be interpreted solely in accordance with administrative regulations, but should be based on whether the act infringes on consumers' right to know, as well as other ancillary legal interests such as the right to health and property rights.