"Drug Administration Law" revised, "drug god" can exist?

8Month26On the 12th meeting of the standing Committee of the 13th National people's Congress voted and adopted the newly revised Drug Administration Law.2019Year12Month1From the day of implementation. This revision is the "Drug Administration Law"18The first comprehensive revision after the year, adjusted the prominent social contradictions such as imported drugs, innovative drugs, and online drug sales, which are mainly manifested in the following aspects: First, regulations are made for online drug sales, and drug online sales The third-party platform provider should file with the drug supervision and administration department, and review the qualifications of drug marketing license holders and drug dealers who apply to enter the platform, it also manages the drug business activities that occur on the platform; the second is to establish a listing licensor system, which stipulates that the drug marketing license holder shall be responsible for the safety, effectiveness and quality controllability of the drug in the whole process of drug development, production, operation and use in accordance with the law, and separate the production license from the marketing license; the third is to increase the punishment, In a number of provisions involving punishment, the punishment will be greatly increased. For example, those who produce and sell inferior drugs shall confiscate their illegal income and impose a fine of not less than 10 times but not more than 20 times the value of the drugs, while the fine in the original Drug Administration Law is not less than one time but not more than three times; fourth, unapproved imported drugs shall no longer be punished as "fake drugs,The scope of counterfeit drugs has been newly defined, and it is stipulated that a small amount of drugs legally listed abroad without approval can be reduced or exempted from punishment.

2018"I am not a drug god" adapted from a true story in“fake medicine”,“purchasing on behalf”Extensive discussion on issues such as the import of drugs without state approval. The prototype of "I am not a drug god" is Lu Yong, who is in02He got leukemia in, and the price of domestic drugs was unbearable. Later, Lu Yong learned on the Internet that there was a drug with the same effect in India. The price was very cheap, but he did not have some relevant certificates for export to China, so he could only buy it secretly through some channels. Lu Yong also helped other patients to buy the drug on his behalf.2015At the beginning of the year, Lu Yong was suspected”Selling counterfeit drugs”Arrested, during this period, the patients jointly launched a protest, pleading with the judicial organs to exempt from criminal punishment, and finally the procuratorate made a decision not to prosecute.

Drugs previously imported without approval shall be punished as fake drugs and the corresponding perpetrators shall be punished in accordance with relevant regulations. Yuan Jie, director of the Administrative Law Office of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, said at a press conference that the scope of counterfeit and inferior drugs was revised this time, and drugs imported without approval were no longer listed as counterfeit drugs. This is a response to the public. Concern. Article 98 of the new "Drug Administration Law" stipulates that "the production (including preparation, the same below), sale, and use of counterfeit drugs are prohibited. In one of the following cases, it is a fake drug.:1.The ingredients contained in the drug are inconsistent with those specified in the national drug standards;2.Impersonating a non-drug as a drug or another drug as such;3.spoiled medicines;4.The indications or functional indications of the drug are beyond the prescribed scope." Compared with the definition of "counterfeit drugs" in the previously issued "Drug Administration Law", the new "Drug Administration Law" removes "that must be approved in accordance with this law but not approved for production or import, or that must be inspected in accordance with this law but sold without inspection. In addition, article 124 was updated to point out“If a small amount of drugs that have been legally marketed abroad are imported without approval, if the circumstances are relatively minor, the punishment may be mitigated or exempted according to law.”.

Drugs are a kind of commodity about life and health. Unapproved imported drugs are not treated as fake drugs, which is in line with the urgent needs of the public. "Drug gods" like Lu Yong will no longer be punished for their enthusiasm. This means that drugs for self-use can be purchased abroad, but if they are purchased for profit for others and the amount of purchase is large, it may involve illegal business or smuggling crimes.