Lu Yong Sells Fake Drug Research

Lu Yong who is the first purchasing people of the well-known anticancer medicine, is prosecuted publicly and released, which gives rise to be discussed violently and the difficult problem that the administration of justice identifies the selling fake medicine crime. Based on the looking back of the case of Lu Yong's selling fake medicine, we can know and firmly believe that, the discussing focus of the selling fake medicine crime mainly concentrates on the two aspects: first, whether the not-approved importing medicine should be identified for fake medicine in criminal law; second, whether Lu Yong's behavior identified as the selling behavior in selling fake medicine crime. First, as for the fake medicine in the criminal law,we should not completely use the rules in drug manage law, but we should identify independently and rationally on the basis of crime legal principle, which is according with criminal and administration illegal and criminal law. That the not-approved importing medicine doesn't violates others' life and health is thought as fake drug doesn't conform to the purpose of criminal law, and departs from the sense of worth of criminal justice. Second, for preventing the irrationally enlarging the scope of the crime, we think that the definition scope of selling behavior in law should less that the broad sense, which not only should accord to the basic meaning of selling goods, but also violates certain law and try to gain certain profit. As for Lu Yong's behavior, it should be identified as buyer behavior. At the same time, Lu Yong's behavior also doesn't violate others' life and health right, it also doesn't constitute the complicity of selling fake drug in company. Though profoundly rethinking Lu Yong's case, we realize that, only by improving the legislation, administration of justice and related system, can we universally cope with similar problems later on.