On March 8, talk about doorway of urban tumour hospital. New capital signs up for reporter Fu Ziyang to photograph
Bubbling with noise Shandong talks about case of city false drug, had final findings eventually.
Police is maintained, talk about Chen Zongxiang of doctor of director of urban tumour hospital to be in remedial process, recommend to the patient " card rich replaces the Buddhist nun " include doctor's advice, disobeyed " hold law of doctor of course of study " relevant provision. Via checking with all possible means, did not discover Chen Zongxiang seeks profit from which, as nonexistent also as salesperson of medicines and chemical reagents interest is associated, without evidential proof king death of some the reputed founder of the Ix Dynasty and this medicine have immediate concern, although behavior is belonged to break the law, but still do not make crime, make to Chen Zongxiang lawfully now stop the decision that investigate.
Be maintained to do not have those who make crime to still have Wang Qingwei likewise. He answers patient request, resell and help are bought " card rich replaces the Buddhist nun " , gain profit from which 784 yuan, behavior clue is remarkable and slight, the harm is not great, also do not belong to crime, police talking about a city also is made lawfully stop investigation decision. Before this, he and Chen Zongxiang together by police investigation, be suspected of " sell false drug " .
Many netizens call this proposal actual edition " farmer and snake " , plaint once Wang Qingwei and Chen Zongxiang are buckled to go up " crime of sale false drug " accusation, it is cancer patient possibly to provide good help without doctor and be commissioned to sell sth later. Can say, this is simple desire of the people. Gratified is, the investigation of police talking about a city maintains the demand that also complied with reason.
Come up from law tell, police talking about a city is the principle of modest curb sex that implemented criminal law more. Alleged modest ors, it is to point to criminal law to should punish limits and condemnatory degree according to proper regular control, namely always enough of applicable and other law checks when some kind of illegal behavior, enough protects legitimate rights and interests, do not be its regulation crime, namely law adage place says, "Penalty is as severe as its, be inferior to alleviation " . In returning this case, if be opposite Wang Qingwei and Chen Zongxiang are applicable and penal, so cost is real too too tremendous, the beneficial result that penal earning reachs is less than the negative effect that it produces far.
Such decision, do not know to be able to give party the solace that Chen Zongxiang brings a bit warmth. Before this, talked about town good doctor this 2017 obtain the person that choose to be in police investigation at the beginning of, once expressed not to think again practise medicine, talked about council of urban sanitation health to be made to Chen Zongxiang at that time absolve division chairman post and be in to pause one year hold the punishment of industry activity.
The condemnatory decision before this also is not the government without the basis, " hold law of doctor of course of study " thirtieth sets 7 times, "Use agent of bane of the drug that uses without approval, disappear and medical apparatus and instruments " , by sanitation of government of people of prefectural class above service gives a warning to perhaps be instructed suspend 6 months above one year the following hold industry activity. Here " the drug that uses without approval " , be called directly by many people " false medicine " , also make the fuse that causes disturbance of whole episode public feelings.
"Does card rich replace the Buddhist nun " after all false? The film " I am not medical god " inside an actor's lines replies very guileless, "This medicine is false, we don't these eater still know? " investigate according to media, "Card rich replaces the Buddhist nun " fight cancerous target as a kind to medicaments, can restrain the growth of a variety of cancer cell, have the wide chart that content place does not have general anticarcinogen to fight cancerous ability, very popular outside the condition.
But, "Card rich replaces the Buddhist nun " the approval that did not get our country medicines and chemical reagents is in charge of a branch enters the market to sell. According to our country " Pharmaceutical Affairs Law " the 48th regulation, code must be approved related every according to and without approving production, entrance, or code must examine related according to and did not examine to be sold namely, press false drug decide on sb's punishment.
The state is strict to management of medicines and chemical reagents careful, give no cause for more criticism, but " card rich replaces the Buddhist nun " " false " , censure unlike the people " fake " " false " . Change character, chen Zongxiang is in the process of the reputed founder of the Ix Dynasty of cure patient Wang Mou, although break the law, but did not seek profit, do not have more entrap patient, prove Wang Mou without evidence death of the reputed founder of the Ix Dynasty and " card rich replaces the Buddhist nun " have immediate concern, because this did not make crime.
Be in early " I am not medical god " before showing 2016, highest check is special print and distribute " the opinion that offers strong judicatory safeguard about fulfilling procuratorial work function to be built to advance healthy China in the round " . The opinion points out, sell the drug outside a few abroad that import without approval, condition, did not cause other to harm consequence or the behavior of make a diagnosis and give treatment of incur loss through delay, and ill patient carries out do not save oneself with seeking profits to be contained for the purpose, the action of the drug that make carry out of coadjutant property, nonfeasance crime is handled. Nevertheless, what this one system is designed and did not get department of judicatory solid Wu is enough take seriously.
Current, home sends cancer case of illness newly every year to exceed 3 million person, among them a lot of patients face the difficult position that takes not to remove drug. Although the government is in,try hard ceaselessly, increase strength to accelerate anticarcinogen cure to protect admittance to negotiate, but foreign medicines and chemical reagents enters home market to must want to be mixed through strict clinical trial surely the examination of classics flow.
Among this case, wang Qingwei and the behavior of old Zong Xiang, violated law, complied with common sense to often manage however general reason, contain apparent help and coadjutant property. To this, many patients use presence is reasonable namely will describe this kind of phenomenon. Just, from " I am not medical god " medium Cheng Yong, to the Chen Zongxiang that talks about case of city false drug, they paid not small price for this.
Ye forest has German learned man a logion: "Penalty is like the sword of two blade, use do not get its to become, criterion country and individual two suffer its to kill. " go up from this meaning for, police talking about a city is made stop investigation decision, with case justice echo legal principle, also activationed system justice.
□ Cai Fei (associate professor of college of southwest politics and law)
Edit Yang Linxin to proofread Guo Liqin
