Comment on: cancer drugs act as purchasing agency case law broken easily than difficulties 
 
 
The 2015-02-01 21:43:09 | 
 
 
Source: Beijing times 

    This case reflects the universality is the key problem of the system. If you don't solve the problem of imported drugs prices artificially high, can broaden the scope of medical insurance plan as a whole, is likely to produce similar law conflict.
 
    Impress is widely cancer drug Liu Yong "act as purchasing agency first person", in the procuratorial organs to "credit CARDS management" and "the crime of selling counterfeit drugs", after filing a lawsuit, to be released recently. The lawyer said the charge of Liu Yong ruanjiang city people's procuratorate has withdrawn, the court also to "withdraw the prosecution" allowed to make a final decision. In accordance with legal procedures, if there is no new facts and evidence, the procuratorial organs will to Liu Yong will decide not to prosecute.
 
    So of final outcome, perhaps reflecting the judicial authority to resolve method of conflict of goodwill, also fit the expectations of public opinion. Because in the moral standards of ordinary citizens, free of charge to help patients bought cheap cancer drugs, can yet be regarded as an act of compassion mercy. So good it was in criminal prosecution, it is no wonder that more than 300 patients with leukemia have a letter, request the judicial organs exempted from criminal punishment.
 
    In fact, in essence, the case of law conflict and no opinion rendering so strongly. So-called national law is human, the law itself embodies the life common sense, common sense, natural, as long as from the legislative purpose and legal norms of the overall grasp, many seemingly conflicts of the case, within the framework of the law are not difficult to find a way to resolve. In this case, to act as purchasing agency behavior illegality, even sympathizers know fairly well. According to article 141 of the criminal law and the related provisions of the pharmaceutical administration law, through informal channels to buy unauthorized imports of medicines, allegedly make crime of selling fake drugs, without causing serious harm to human body health consequences. If is limited to the provisions of criminal law, it is likely to come to the conclusion that if the case constitutes a crime.
 
    Illegal, however, does not mean that the judiciary must be condemned torture. Whether the act as purchasing agency constitutes "sales" itself is in doubt, how much more suspects in the case, there is no evidence for profit. Even if a sales, our country in general provisions of criminal law article 13, "the plot of harmless, slightly not considered a crime". All charges of the specific provisions of such provisions, to have effect. On the released last year by the projects to handle to endanger the safety of drug criminal cases to explain some issues of applicable law, specify sales a few foreign countries, outside the medicines without approval, no others damage or delay in diagnosis and treatment, if the circumstances are obviously minor of harmless, don't think it is a crime. On this basis, the judicial organs on the basis of the comprehensive applicable legal norms, not hard to make consistent with human ethical judgment.
 
    So, this case reflects the key problems, is not the case in the judicial law conflict, but rather a universal system. In the event of the discussion, we should not ignore that more than 300 patients with leukemia, a letter is not according to their views to influence the judicial cognizance, but they are living circumstances. If you can't from the system level to provide relief channels, then Liu Yong's release will not be able to relieve their plight. Allegedly Liu Yong was arrested, a lot of people will break medicine; But Liu Yong after his release, they can continue on medicine? At the end of the day, if you don't solve the problem of the price of imported drugs artificially high, can broaden the scope of medical insurance plan as a whole, is likely to produce a similar method of conflict. The special commentator enemy