Medical and health care is related to national planning and people's livelihood。Efforts to ensure the needs of the people's medication，Not only is the quality and safety of controlling medicines，Also meet the needs of drug types。Out of this demand，Cases that are generally suspected of criminal criminal criminals in judicial practice。With the revision of the Drug Management Law and the Criminal Law Amendment (11), the crime of obstructing drug management，Purchasing overseas drug behavior that has not been approved for import is no longer in line with the crime composition of the crime of selling fake drugs，But purchasing drug cases may still involve smuggling、illegal operation and other behaviors。

[Case Introduction] Li Fang (a pseudonym) is a mother with a child with infant epilepsy with children's seizures (EIMFS) children，This disease is a rare epilepsy，Lack of effective treatment methods。Li Fang learned from the doctor that the "clotal" that has not approved the listing in China has a good effect on the disease，Then began to buy the drug from the buyer，In addition to self -use, it also helps a buyer to collect the "clotal" package of overseas mailing overseas and then transfer it to other purchasing agents。Because "clotal occupation" belongs to the national controlling medicine，Depending on the variety dependence per 1 gram of "chloropyl" is equivalent to 0.1 mg of heroin，Li Fang was "suspected of smuggling、Transportation、Drug trafficking "" drug trafficking "adopt a bail pending trial，On November 12, 2021, due to "first offenders", "criminals", "cure for Bet365 lotto review children, induced crimes", "unbinded", etc. ] Conflict and not prosecution。

[Case Evaluation] This case is the implementation of the Criminal Law Amendment (11) and the Drug Management Law Modification，Typical cases that have attracted the eager purchases of the society again that have not received imported approval drugs。After the case, the National Health and Health Commission and other relevant departments responded quickly，The work plan for the temporary import of "clotal" has been publicly solicited on March 29, 2022，The problem of medication for patients with epilepsy is expected to be solved in the short term，Prosecutors made decisions of non -prosecution on the act of collecting the purchase of "clotal occupation" parcels.。But this type of case has triggered a few thoughts in criminal law: First, whether the behavior of purchasing psychotropic drugs is in line with smuggling、The constituent elements of the crime of drug trafficking; the second is to smuggle with general、Drug trafficking cases compared to，How to determine the particularity of the illegality in this type of case; the third is how to solve the dilemma of the legal form logic and moral value orientation in the medical and health cases。

First，"Shimbha" is a drug or a drug in this case and is considered to be the focus of controversy。and heroin、Ice poison does not have any medical value differently，Jackal medicine itself has the dual attributes of drugs and drugs，The behavior of purchasing this case "clotal" is determined to be a drug crime that is difficult to accept by the general public，The reasons are as follows: one，Li Fang itself is a mother with epilepsy diseases;，The efficacy of "clotal occupation" comes from the doctor's notification; the third，"Cloto" spread between patients，No evidence indicates that it flows to poison Bet365 lotto review -related persons，But "clotic" as the second type of psychotropic drugs stipulated in my country belongs to the category of drugs specified in Article 357 of the Criminal Law。Attitude of zero tolerance for drug crimes，smuggling、Drug trafficking is an abstract dangerous criminal，There is no purposeful stipulation，Even in the "Minutes of the National Court of Drug Crime Trial Works", the behavior of illegal trafficking anesthesia or psychiatric drugs will be excluded from medical purposes.，It is also impossible to eliminate the drug attribute of "clotal occupation" in smuggling，Therefore, the prosecutor's decision on Li Fang's conviction is out of compliance with the explicit regulations of the criminal law。

Next，Smount such cases、Transportation、Drug trafficking crime punishment violates the ethical intuition of the people。After this case,，Explanation of the Supreme People's Court of the Supreme People's Court on March 6, 2022 The Explanation of Several Issues of the Supreme People's Procuratorate on handling criminal criminal cases of drug safety. "、Production of mutual assistance、Import、Behavior of selling drugs，It should not be identified as a crime，This explanation makes exceptions to the illegality of such cases。But what you need to pay attention to is，The objective facts that "increased the price" only when they are resale are not equal to the purpose of profit，Trophy will generate postage during the purchasing process、Communication fees and other necessary expenditures，Price increase does not mean its purpose for profit;，If the price reduction for "expanding the market" is not equal to the purpose of not profit。Except for the necessary expenditure，Buyers' additional profits are not equal to the purpose of profit，The same purchasing behavior may have multiple Bet365 lotto review purposes，Whether or not for profit should be grasped from the overall appearance。If the buyer gets profit from the purchasing behavior，But the profit is to help other patients the necessary purchasing service itself for the consideration，The corresponding profit is limited to the corresponding purchasing service，Purchasing service is limited to help other patients must be limited，The acquisition of profits does not reflect "profitability"，The behavior of obtaining profits should be included in mutual assistance; on the contrary，If for the purpose of profit，Objectively helping patients who need medicines，The process of profit acquisition will reflect "profit -seeking"，The scale of purchasing agents is often not based on the entrusted by existing patients but the potential market needs，The price of the price is not the cost plus the intermediary service cost，but analysis based on the entire supply and demand relationship，3565_3603。

Except for the judicial interpretation，The illegal judgment of this type of case may also include the application of emergency avoidance、Certificate of anti -certificate of abstract danger and the lack of expectations of expectations。First，In the "Lu Yong case", buyers are low -priced medicines with alternative treatment effects due to the disparity of price purchase，This type of case is a high -quality medicine that has not been listed in China due to the obvious efficacy.，When there are already drugs in China that cannot meet normal treatment needs，It should be sure of the emergency state at this time。2，smuggling、Drug trafficking is an abstract dangerous criminal，Prosecutors do not need to prove that purchasing behavior has a specific danger that is harmful to public health，But if the purchaser is allowed to prove the danger of abstraction, there is bet365 best casino games no existence，That is, the flow of all purchasing drugs is a patient with medication，then can achieve the effect of sin。third，If the buyer and the helper are the person who needs to be a drug patient or their families，It should be affirmed that their purchasing or helping behavior lacks expectations。Of course，The latter two still have controversy in the theory，Lack of explicit regulations of criminal law，It is difficult to directly adopt in judicial practice。

Last，The root cause of the dilemma caused by the dilemma of this type of case lies in the treatment and damage of modern medical methods、Double results coexisting risks，A reasonable solution is the two effects principles for dual results。This principle is based on behavioral and result.，When judging behaviors with double results，Incorporate behavior intent and behavior consequences into the same standard。The principle of dual effects is widely used in medical behavior，Any medical means have double -sided，If the purpose is good，and can also clearly bring good results，This is the first effect。In this process, it may produce side effects that are not behavioral purposes，That is the second effect。For medical methods，All medical methods must point to the first effect，and the first effect must be greater than the second effect。The principle of dual effects is gradually valued by the field of criminal justice，For example, when the British Court of Appeals was judged by a conjoined baby case，The principle of dual effects was used for outdated crime。The principle of dual effects can also be used in my country's medical and health cases，This method of use is to form a new crime of confirmation through this principle。such as T. A. Cavanaugy) proposed that intentional and foreseeing Bet365 lotto review are different。According to its theory，In the scene of purchasing medicines，First，The purpose of the actor is to help other patients，The risk of profitability and drug management order and public health is not the cause of behavioral behaviors，Effective treatment of patients is the promise of willpower in the behavior plan of the behavior.，Is a factor forced behavior。2，Effective treatment of patients will cause thinking and further intentional thinking about the desired results，But the risk of profit -making and drug management order and public health will not lead to thinking about the expected results。third，Purchasing behavior is due to the representation of helping the patient's practical rationality，The risk of profit -making and drug management order and public health is just a manifestation of theoretical reasoning。These differences show that the purchaser only has the intention to help other patients，The results of profit -making and the risk of drug management order and public health are just a foreseeable，Therefore, it also reduces the Bet365 lotto review responsibility of the purchaser。

The rules of identification under the principle of dual effects do not conform to the traditional crime theory that my country does not consider motivation and purpose，But this identification rule has a certain theory and practical basis，That is, some sins based on purpose -based behavior theory regards the purpose as a kind of purpose as a intentional form，Whether it is smuggling、Drug trafficking or the crime of selling fake drugs does not require the purpose，But in the relevant judicial interpretation of the crime, the importance of the purpose was emphasized。The rules of this crime can help solve the legal form logic and moral value orientation of medical and health cases with a unified theory to help solve the problem of the Bet365 lotto review responsibility of the actor when conflicting when conflicting with the value orientation of moral value，Provide theoretical support for the special rules of illegal regulations in this type of case。

　Bet365 app download