Case AnalysisAre you still worried about growing tall? Worried about losing hair? There is a man who passedSelf taught traditional Chinese medicine has produced many medicines with excellent effects, solving many people's problems and saving countless lives, but in the end, they were fined 60 million yuanWhat the hell is going on here?Peng is from Qionglai, Sichuan,Because he had a strange illness when he was a childAfter taking a lot of medicine, it didn't improve, but in the end, it stillA local old Chinese medicine practitioner used traditional Chinese medicine to regulate his body, so he has always believed in traditional Chinese medicine.He felt that traditional Chinese medicine was simply amazing, as ordinary herbs mixed together could produce such unique effects

Case Analysis

Are you still worried about growing tall? Worried about losing hair? There is a man who passedSelf taught traditional Chinese medicine has produced many medicines with excellent effects, solving many people's problems and saving countless lives, but in the end, they were fined 60 million yuanWhat the hell is going on here?

Peng is from Qionglai, Sichuan,Because he had a strange illness when he was a childAfter taking a lot of medicine, it didn't improve, but in the end, it stillA local old Chinese medicine practitioner used traditional Chinese medicine to regulate his body, so he has always believed in traditional Chinese medicine.

He felt that traditional Chinese medicine was simply amazing, as ordinary herbs mixed together could produce such unique effects. After that incident, he always went to the old Chinese medicine family and read many books on traditional Chinese medicine at his home. Since childhood, he loved to study herbal medicine and believed that traditional Chinese medicine was the result of countless ancient people's personal practice, with better effects, low side effects, and low costs.

hencePeng aspires to learn traditional Chinese medicine and become a qualified TCM practitionerhence

After having a certain amount of savings,Peng bought more books on Traditional Chinese medicine, especially studying Shanghan LunHe copied some prescriptions from Shanghan Lun, and began to manufacture Chinese medicine reagents by himself in the civilian house where he lived. Some reagents were made directly according to the prescriptions in Shanghan Lun, and some were modified on the basis of prescriptions.

At first, Peng only tried his own medicine because he had been weak and sickly since childhood. After using his own herbal medicine to recuperate for a period of time, his difficult and miscellaneous symptoms were alleviatedHe received great encouragement, soStarting to prescribe medicine for his loved ones, after repeated successes, Peng had the idea of making a living by selling medicine.

He purchased some tools for refining potions and some Chinese herbs, and manufactured a batch of potions in his own room,I opened a micro store called "Xuemoutang" to sell this batch of potions.

He claims that his medicine specializes in treating difficult and complex diseases such as low growth, hair loss, and gynecological diseases. His relatives and friends will help him promote it, and some people who buy his medicine think it works well will not only buy it back but also recommend his store to others. In the past, his customers have become more and more.

henceHe invested all his savings and the money he earned from selling drugs in the pharmaceutical industry. He transformed his original house into a pharmaceutical factory, hired some workers to do some manual work, and he was responsible for doing some skilled work.

His dream has finally come true,He opened a formal medical clinic outside and treated himself in the clinic.With the promotion of relatives, friends, and patients, many people have long heard that there is a miraculous doctor here who can treat various difficult and complex diseases, and the cost of prescribing medicine is not expensive, so they all come to seek help. He felt their pulse, prescribed medicine, and cured many people's illnesses, becoming increasingly famous in the local area.

Peng's business is thriving, and many sick people come to him for treatment, stealing business from nearby medical centers. These medical centers then report Peng. Peng has more and more customers and earns more and more money, but unfortunately the good times are not long. People from the Market Supervision Administration went to Peng's pharmacy to investigate and collect evidence.

This morning, as soon as Peng started his business, he noticed several cars from the Market Supervision and Administration Bureau coming to the door. A group of people got out of the car, and the person in charge showed their identification and said with a smile:Mr. Peng, we are from the Market Supervision and Administration Bureau. We have received a report that you are practicing medicine without a license and illegally making drugs. We will conduct an investigation and hope that you can cooperate

Peng is well aware, but he believes that he has not killed anyone before. On the contrary, he has saved many people and done many good deeds. The law should not punish him.

Personnel from the Market Supervision and Administration Bureau entered the medical center to investigate and collect evidence, and found that Peng had a complete range of drugs, including over 40 types of drugs such as enhancers, hair growth ointments, and Wenjing Tang, all priced at less than 800 yuan.

By inquiring with Peng, it was discovered that heWithout obtaining a physician qualification certificate, a business license approved by relevant departments, or the qualification to produce drugs, and even promoting the illegal profit of self-made drugsSerious disruption of market order and violation of legal provisions, relevant departments immediatelyConfiscate more than 1.5 million of their illegal gains and impose a fine of 30 million yuan in accordance with the lawWithin 15 days after receiving the administrative penalty decision, it is limited to pay at the designated bank and ordered to close.

Peng's dream of traditional Chinese medicine broke down, he didn't make any money, and he even resorted to skyrocketing fines.All his savings were invested in pharmaceuticals, and the money from selling the drugs was confiscated,Where else does he have the money to pay this 30 million yuan fine?

Peng has no other choice but to rely onNo amount of delay can eliminate his skyrocketing fine. Soon, the administrative agency's reminder letter was also delivered, but he was still unable to pay. The relevant departments listed him as a joint disciplinary target for dishonesty, limiting Peng's high consumption.

Dragging like this is not the way, either,The Municipal Supervision Bureau transferred the case to the court, and after trial, the court imposed an additional fine of 30 million yuan based on the original legal provisions. Now, Peng has to pay a total fine of 60 million yuan,Peng expressed dissatisfaction. He was clearly treating illnesses and saving lives, so why were he fined so much?

People who have bought medicine from Peng also feel that the law is too strict. Peng is doing good deeds, why treat good people so harshly? Is the law so ruthless?

Peng sued the court again, and the court stated that everything was made in accordance with legal provisions. The fact that Peng illegally manufactured and sold counterfeit drugs is beyond reproach,Even if there are no serious consequences that harm personal health, it has disrupted social management order and there are hidden dangers of harm to personal health, and should be subject to legal sanctions.

Interpreting the law by case

(1) According to Article 145 of the Criminal Law of the China, anyone who produces medical instruments or medical hygiene materials that do not meet the national or trade standards for safeguarding human health, or knowingly sells medical instruments or medical hygiene materials that do not meet the national or trade standards for safeguarding human health, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, Impose a fine of not less than 50% but not more than twice the sales amount; Those who cause serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50% but not more than two times the amount of sales; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50% but not more than two times the sales amount or have their property confiscated.

In this casePeng illegally produces counterfeit drugs without obtaining approval from relevant departments, hypes up and sells counterfeit drugs without a business license, and opens a medical clinic to treat people without a doctor's qualification certificate, seriously violating legal regulationsThey should be punished by law.

(2) According to the Administrative Penalty Law, Peng's illegal manufacturing and sales of counterfeit drugs are serious and should be ordered to suspend production and business,Confiscate their illegal gains of over 1.5 million yuan and impose a fine of 30 million yuan.

In addition, if Peng fails to pay a fine upon expiration, according to the provisions of the "Administrative Penalty Law" on the handling of non payment of fines:

1. If a fine is not paid upon expiration, an additional fine of 3% of the amount of the fine shall be imposed daily, and the amount of the additional fine shall not exceed the amount of the fine;

2. According to legal regulations, auctioning and disposing of confiscated or seized property in accordance with the law, or transferring frozen deposits and remittances to offset fines;

3. According to legal provisions, adopt other administrative enforcement methods;

4. Apply to the people's court for compulsory execution in accordance with the Administrative Compulsory Law of the China.

In this case3000

epilogue

Our society has become orderly due to the law, and any behavior that disrupts social order, endangers citizens' health, or violates the law should be severely punished by the law. Perhaps everyone thinks that Peng is rescuing patients and should not be punished by the law, but fake medicine is fake medicine, which cannot be denied.

The law is the bottom line, no matter what, we must follow the legal regulations, and Peng is a lesson from the past. The court should also increase the publicity of the law to avoid more people like Peng who are ignorant of the law, have violated the law, and are not aware of it in the future.

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