The constituent elements of the crime of producing and selling substandard medical equipment are
1, the object element. Violation of the object for the complex object. Its primary object is the state's specialized management system for medical supplies, and the secondary object is public **** safety. Punishment of the crime focuses on the protection of the unspecified majority of people's physical health and life safety, that is, only after the emergence of a certain harm to society results in the production and sale of substandard sanitary equipment can constitute the crime. If only the production, sale, purchase, and use behavior, and did not cause harmful results not to the production, sale of substandard sanitary equipment crime. Then, its violation of the main object shall be public **** safety. Because even if it did not cause the actual harmful results, but its production, sale, purchase and use of behavior has been a serious damage to the specialized management system of medical supplies. However, the Criminal Law of the People's Republic of China does not treat this as a crime. Visible in the specialized management system of medical supplies and public **** safety of the two, the legislator is obviously more inclined to protect the latter;
2, the objective elements. In the objective aspect of the performance:
(1) the perpetrator knows is not in line with the national standards for the protection of human health, industry standards for medical devices, medical and health materials and production, sales;
(2) or medical institutions or individuals, know or should know that is not in line with the national standards for the protection of human health, industry standards for the purchase of medical devices, medical and health materials and the use of, and to the Serious harm to human health behavior.
3, the main elements. The subject is the general subject, including both units and individuals. Including producers, sellers, including the purchase and use;
4, subjective elements. Can only be constituted by intentional.
Legal basis:
"Chinese People's **** and the Criminal Law"
Article 145
Production, sale of non-standard sanitary equipment crime production does not comply with the national standards of safeguarding human health, the industry standard of medical equipment, medical sanitary materials, or sales of medical equipment and sanitary materials, or the sale of knowingly does not comply with the national standards of safeguarding human health. National standards for the protection of human health, industry standards for medical devices, medical sanitary materials, enough to seriously endanger human health, shall be sentenced to less than three years of fixed-term imprisonment or detention, and shall be sentenced to sales of more than 50% of the amount of more than two times the amount of fines; serious harm to human health, shall be sentenced to more than three years of ten years of fixed-term imprisonment, and shall be sentenced to sales of more than 50% of the amount of more than two times the amount of fines; the consequences of particularly serious. Punished by more than ten years of imprisonment or life imprisonment, and impose a fine of more than fifty percent of the sales amount or confiscate property.