On October 16 towards evening, new China viewpoint government small gain releases Changchun scheme of check of page of result of punishment of immortal problem vaccine
Shenzhen news network on October 17 dispatch (reporter Zhang Ling) vaccine of immortal hydrophobic problem handles Changchun to come as a result: 9.1 billion yuan of amerce, 200 thousand yuan - 650 thousand yuan of individual compensation that differ. On October 16 towards evening, the multinomial administration that net of official of bureau of national medicine inspect announces immortal to Changchun company to make is punished, not simply the drug approval of hydrophobic vaccine proves cancel enterprise file, still confiscate illegal earning and fine doubly, punish do not have total amount to achieve 9.1 billion yuan. Many direct controller is prohibited be engaged in medicines and chemical reagents manufacturing management activity.
Changchun is immortal it is one appears on the market enterprise, the enterprise is punished nowadays, large stockholder and company controller or the disaster that will face jail, the shareholder is disastrous. Yu Zhiliang of solicitor of office of Guangdong Zhuojian's attorney raises a question, "Who because hit the common people of vaccinal fall victim,is compensated for? Whether does the country have package solution to be dead set on to delimit? Whether does the country have package solution to be dead set on to delimit??
Say Cao Cao, cao Cao arrives. On October 16 late night, government-owned net released committee of Chinese insurance supervisory management to compensate for plan announcement first (" the announcement that about releasing Changchun vaccine of immortal company hydrophobic problem compensates for executive plan " ) , this announcement is clear, bureau of inspect of medicine of government of Jilin province people, country instructs Changchun immortal biology science and technology is finite liability company (Changchun of the following abbreviation is immortal company) establish special compensation, the Chinese life that entrusts Jilin to save bureau of inspect of medicine of people government, country to appoint is safe Inc. (Chinese of the following abbreviation birthday) manage compensation. Special compensation is used at paying hydrophobic problem vaccinal add to plant compensation of reseed, damages, civil suit, damage maintain, the charge such as advisory service and clinical observation. The Bank of China is sure to control administrative committee (silver of the following abbreviation protects inspect to meet) the compensation government that is in charge of pair of Chinese birthday pays the job to undertake supervisory.
Specific to indemnity: Cause general deformity, one-time compensation 200 thousand yuan / person; Cause what spend deformity again or break down, one-time compensation 500 thousand yuan / person; Cause death, one-time compensation 650 thousand yuan / person.
Changchun is immortal the punishment of vaccine of wild dog problem ends, 9.1 billion yuan of amerce very vent one's anger is? Wait a moment, still have the criminal responsibility that the person need such as direct controller Gao Junfang assumes the business, we are OK rub one's palm along smooth out with the fingers one rub one's palm along smooth out with the fingers.
A few problems that the reporter combed common people to care ask Guangdong roc Fan Xiaoyun of lawyer of director of office of Hong Lv division and Guangdong are wide unscramble with Li Jie of lawyer of attorney office partner: What is problem vaccine fines a basis, how to carry out reach the designated position? Whether can the citizen walk along claim for compensation of commonweal lawsuit way? Vaccinal victim whether mention civil suit claim for compensation? Of criminal responsibility find out on, what is the heaviest punishment that may direct responsibility person face?
National medicines and chemical reagents supervises cut of face of webpage of management board official to pursue
China protects inspect to meet an official the net releases Changchun scheme of check of page of announcement of executive program of compensation of vaccine of immortal company hydrophobic problem
[fine about 9.1 billion yuan]
Reporter: What is problem vaccine fines a basis?
Fan Xiaoyun's lawyer gave out to fine a basis specificly:
" Pharmaceutical Affairs Law " of false medicine of the 74th production, sale, the drug that confiscates illegal production, sale and illegal earning, be in money of drug of illegal production, sale to be worth amount the amerce with duple fivefold and the following above;
Medicines and chemical reagents approves those who prove a file to give cancel, instruct stop production, close down to rectify; The clue is serious, revoke " medicines and chemical reagents produces licence " , " business certificate of medicines and chemical reagents " or " licence of medical establishment preparation " ; Those who make crime, investigate criminal duty lawfully.
Li Jie's lawyer thinks, changchun is immortal with expire former fluid ticks off add to combine the former juice after approving, lot number of new and fictional production, the behavior of vaccinal throw on the market, accord with " Pharmaceutical Affairs Law " of the 49th regulation " bad medicine " .
[carry out about amerce reach the designated position problem]
Reporter: 3 times amerce is added confiscate illegal earning to add up to 9.1 billion yuan, this amerce amount is huge, hypothesis Changchun is immortal pay do not have this penalty, how can you chase after denounce?
Fan Xiaoyun's lawyer expresses, if Changchun is immortal,pay do not have 9.1 billion yuan of penalty, the likelihood is faced with amerce to increase, property is auctioned, deposit is frozen to wait for case.
Basis " administration sanctions a method " fiftieth administration of nonperformance of exceed the time limit of party of a " punishs a decision, the executive authority that makes administration punish a decision can take following step:
(one) expire not pay fines, daily press amerce amount 3% increase condemnatory fund;
(2) set according to law, will close down, sequestered property is auctioned or frozen deposit transfer supports capture penalty;
(3) courtyard of applicant civil code is carried out compulsively. "Can apply for people court to be carried out compulsively, enter auction order, charge capture penalty in order to auction earning.
The viewpoint of Li Jie's lawyer and fencing Xiaoyun's lawyer are consistent, namely Changchun is immortal exceed the time limit not pay amerce, the executive authority is daily can press amerce amount 3% increase condemnatory fund. She says, changchun is immortal face bankrupt possibility, go bankrupt the company is going broke the because owe capture tax payment,produces fine for delaying payment before the case is accepted is belonged to common go bankrupt creditor's rights.
[about commonweal lawsuit and civil claim for compensation]
Reporter: Whether can the citizen walk along claim for compensation of commonweal lawsuit way? Vaccinal and vaccinal victim whether mention civil suit claim for compensation?
Fan Xiaoyun's lawyer tells a reporter, vaccinal and vaccinal victim is OK law of liability of basis tort " mention to this enterprise of tort appeal to.
Li Jie's lawyer points out, administration of civil compensation precede over punishs fine. Basis " vaccine of immortal company hydrophobic problem compensates for Changchun executive plan " , offer the compensation of different level according to damaging consequence. Cause general deformity, one-time compensation 200 thousand yuan / person; Cause what spend deformity again or break down, one-time compensation 500 thousand yuan / person; Cause death, one-time compensation 650 thousand yuan / person. Compensation applies for to be in obtain after damaging a result to maintain, optional choose to Chinese birthday whole nation each client service center puts forward damages to apply for.
"Case of this vaccinal tort, consumer society is qualified mention of civil commonweal lawsuit, in the meantime, people procuratorate also can mention commonweal lawsuit, the legitimate rights and interests that defends broad consumer " , li Jie's lawyer says.
" code of civil law " the 55th regulation: Numerous to polluting environment, enroach on consumer is lawful rights and interests damage a society the behavior of public interest, the office that law sets and concerned organization is OK to people court to lodge a complaint.
People procuratorate destroys enroach on of domain of safety of medicines and chemical reagents of zoology environment and resource protection, food in the discovery in fulfilling obligation numerous consumer is lawful rights and interests damage a society the behavior of public interest, the office that before do not have the paragraph sets and organize or before the office that the paragraph sets and organization not below the circumstance of to lodge a complaint, can to people court to lodge a complaint. The office that the paragraph sets before perhaps organizes to lodge a complaint, people procuratorate can support sue.
[the penalty about direct responsibility person]
Reporter: We see be mentioned in the administrative punishment book of bureau of national medicine inspect, the person tells the direct responsibility such as Gao Junfang to must not undertake medicines and chemical reagents runs manufacturing activity, be suspected of crime still will investigate criminal duty. Excuse me, what is the heaviest punishment that may direct responsibility person face?
Fencing lawyer points out, basis our country " criminal law " 141 regulations:" Of false medicine of production, sale, be in 3 years of the following set term of imprisonments or arrest battle, punish gold; Cause what be endangered badly or have other and serious plot to human body health, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Send what the person dies or have other and special serious plot, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment, punish gold to perhaps confiscate property. Punish gold to perhaps confiscate property..
Basis " criminal law " the 150th regulation, the unit commits crime of false drug of production, sale, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, the legal punishment that commits crime of false drug of production, sale by the individual is punished. Reason, this company is direct responsibility person is top can be faced with capital punishment to punish.
Li Jie's lawyer suggests, recall a painful experience, we can draw lessons from the safety of American vaccine to superintend a system. The United States " national children vaccine harms proposed law " after announcing, established atelier of national vaccine project directly, strengthen vaccinal superintendency job, and before asking to use vaccine in the person that give vaccinal have an inoculation, must inform oneself or guardian " vaccinal information states " , "Vaccinal harm compensates for a project " also subsequently form a complete set arises. Our country all needs to draw lessons from study in the respect such as setting of legislative, superintendency orgnaization.
[about Fan Xiaoyun's lawyer]
Fan Xiaoyun's lawyer
Fan Xiaoyun, male, china registers resource of labor power of lawyer, state to manage division, psychology to seek advice from division of framework of division, sale division, familial office, have fund from job seniority.
Currently hold the post of: Law of member of bar association of whole nation of director of big attorney office, China, China meets Guangdong roc city of member, Shenzhen the 10th bar association is familial city of committee member of committee of major of money management legislation, Shenzhen justice labour serves bar association lawyer of committee of consumer of city of team member, Shenzhen, family of dispute of dispute of contract of manage of good qualities of arrogate to oneself, labor, marriage is successive alien of the dispute, tort liability issue, issue that concerns with the company, case carries out demur appeal to wait for case of case of civilian trade issue and criminal, ever held the position of assure, science and technology of content shedding, commerce, electron, investment seeks advice, the much home company such as property management, fund, food all the year round counsel, have rich hold already check.
[about Li Jie's lawyer]
Li Jie's lawyer
