一、刑事立法的必要性惩治生产、销售伪劣商品行为,不采取刑罚措施不足以遏制这种危害行为的漫延。然而,现行刑法没有规定相应的罪名,有的虽然作了规定,但罪状偏窄、法定刑偏低,致使司法实践中执法困难,不能及时有力的惩治这类犯罪。具体表现如下: 我国刑法第164条虽然规定了“制造、贩卖假药罪”及其为处的法定刑,但对于生产、销售劣质药品及医疗卫生保健器械危害患者生命健康的行为如何追究刑事责任却无明文规定,而且“制造。贩卖假 First, the necessity of criminal legislation Punishing the production and sale of fake and shoddy goods, without taking penal measures to curb the spread of such harmful behavior. However, the existing criminal law does not stipulate the corresponding charges. Although some stipulations are made, the crimes are narrow and the legal punishment is too low, which makes it difficult for law enforcement in judicial practice and can not promptly and effectively punish such crimes. The specific performance is as follows: Although Article 164 of the Criminal Law of the People’s Republic of China stipulates the crime of “manufacturing and selling counterfeit drugs” and its legal punishment, it is criminally responsible for the production and sale of inferior medicines and health care equipment that endanger the lives and health of patients But there is no express provision, but also "manufacture. Sell fake