Original title: The punishment was fair, and he was convinced
□ Narrator: Ma Xiao, Procuratorate of Luanchuan County, Henan Province
Reporter Liu Lixin Correspondent Wu Zhanjing/Compilation
"Thanks to you, I can continue to operate the village clinic. An old family My little life has also settled. In the future, I will definitely regulate my business and better serve the villagers!" Recently, a phone call from Wu brought me back to the substantive resolution case of administrative disputes handled in 2023.
Selling counterfeit medicines was severely punished
Wu is a practicing doctor who runs a clinic in a certain village. In March 2020, he purchased 300 boxes of a certain brand of proprietary Chinese medicine through online shopping at a price of 4.5 yuan per box, and sold the medicines purchased online at a price of 6 yuan per box in the clinic he operated. For patients with waist and leg joint pain.
In May 2022, after a certain brand of Chinese patent medicine was identified as counterfeit by the market supervision and management department, Wu was investigated by the public security organs on suspicion of selling counterfeit drugs. Because the crime was minor, did not cause serious consequences, and was not harmful to society, after the public security organ transferred Wu to the procuratorial organ for review and prosecution, the Criminal Prosecution Department of our hospital made a relatively non-prosecution decision against Wu. At the same time, the administrative prosecution department believed after review that although Wu was not held criminally responsible, he should bear administrative responsibility, so he submitted a procuratorial opinion to the market supervision and management department to impose administrative penalties on the clinic run by Wu.
On February 23, 2023, the Luanchuan County Market Supervision and Administration Bureau issued an administrative penalty notice to the clinic run by Wu: 21 boxes of unsold counterfeit medicines were confiscated, illegal gains of 1,674 yuan were confiscated, ordered to suspend business for rectification, and fined 1.5 million yuan. Yuan.
"This penalty is too heavy!" Faced with a fine of 1.5 million yuan, Wu said that he could not bear it at all, so he raised an objection to the market supervision and management department on the grounds that the penalty was too heavy, and offered to actively rectify it, hoping that market supervision and management would The department can reduce the amount of the penalty. In order to properly solve the problem, the Luanchuan County Market Supervision Bureau proactively invited our court to jointly promote the substantive resolution of administrative disputes from the perspective of legal supervision.
In-depth investigation to promote rectification
This case is the first case handled by our hospital in exploring the reverse connection between administrative law enforcement and criminal justice, and we attach great importance to it.
After visiting and investigating, we found that although Wu’s clinic has irregularities in operation, it has complete certificates and licenses. Wu himself has obtained the corresponding professional qualifications, and the villagers who have visited his clinic also gave good comments on his medical ethics. , a certain brand of Chinese patent medicine sold did not cause serious harm or adverse effects. Wu told us that after the accident, he thought about making immediate rectifications, but he didn't know where to start and hoped to get professional guidance from relevant departments. We also learned that the clinic is the only source of income for Wu’s family of six, and their family life will be in trouble after it closes.
"The clinic provides the villagers with daily medical services and is the only source of income for Wu's family. If it can be operated in a standardized manner, it will not only better serve the grassroots people, but also maintain a family's livelihood." After After careful analysis, we put forward opinions on properly handling the administrative disputes in this case and helping Wu's clinic to operate in a standardized manner according to law.
On April 6, 2023, in response to the fact that Wu’s clinic failed to carry out actual rectification due to lack of professional guidance, our hospital issued procuratorial suggestions to the County Health Commission, recommending that it promptly supervise and guide Wu to comprehensively rectify the clinic. , supervise the legal and compliant operation of its clinics. The County Health Commission conducted on-site inspections based on the recommendations and issued a health supervision opinion letter, clarifying the rectification matters and standards. Later, after on-site inspection and acceptance, the County Health Commission determined that all the problems in Wu's clinic had been rectified.
Public hearing to resolve disputes
After receiving feedback from the County Health Commission on the rectification and acceptance results of Wu Clinic, on June 9, 2023, our hospital invited deputies to the National People’s Congress, members of the CPPCC, the County Health Commission and the market The relevant person in charge of the supervision and management department held a procuratorial hearing and conducted a public hearing on promoting the substantive resolution of the administrative dispute in this case.At the hearing, the hearing officers fully expressed their opinions and unanimously believed that Wu's behavior had not caused serious consequences, he had a positive attitude towards rectification, and his family had financial difficulties. They suggested that the procuratorial organ make suggestions to the administrative agency for mitigating administrative penalties.
Subsequently, based on the facts of the case and the opinions of the hearing, our court announced and delivered procuratorial recommendations to the County Market Supervision and Administration Bureau on the spot, recommending that it follow the legal provisions and the principle of commensurate punishment, taking into account the facts, nature, circumstances, and degree of social harm of the illegal behavior in this case. Correct the situation, etc., and reduce the punishment imposed on Wu’s clinic in accordance with the law.
On June 21, 2023, based on the procuratorial recommendations, the Luanchuan County Market Supervision and Administration Bureau made a new penalty decision, significantly reducing the amount of administrative penalties and clarifying that Wu Clinic can continue to operate after completing the closure and rectification as required. Wu expressed his acceptance of such punishment. At this point, the case has been properly resolved.
People's livelihood is no small matter, and the branches and leaves are always related to feelings. By handling this case, I deeply realized that administrative prosecutors shoulder the dual responsibilities of maintaining judicial justice and promoting administration according to law. The cases handled not only affect the interests of the parties involved, but also affect the effectiveness of social governance and social harmony and stability. Therefore, as administrative prosecutors, we must always adhere to the people-centered approach and use legal thinking and legal methods to carry out our work. It is necessary to closely focus on the source and crux of administrative disputes, and promote the substantive resolution of administrative disputes on the basis of comprehensive investigation and verification, so as to achieve good case-handling effects of case closure and political harmony. (Procuratorate of Luanchuan County, Henan Province, Ma Xiao)
(Procuratorate Daily)
