Qian Hui is the head of a Chinese Medicine Museum in Nanjing called Gui Shi Tang. 5 months ago, in December 1, 2017, he was detained by the police on suspicion of producing or selling fake drugs. There were 11 legal representatives, shareholders, doctors and so on. On the 28 day of the same month, they were all bailed out for trial. Notice of detention of Yang Qingyun, legal representative of guihtang TCM Museum. This picture is all Qiu Haihong, a surging journalist. Nanjing city Qinhuai police direction surging news said that the police in accordance with the relevant departments issued by the false drug identification results, suspected of production and sale of counterfeit drugs for the case of the case, and the criminal detention of the related personnel. Nanjing food and drug administration responded to surging news that the products involved were not approved by the State Drug Administration. According to the relevant provisions of the Drug Administration Law, in accordance with the law must be approved and not approved production, or in accordance with the law must be inspected and not sold drugs, according to fake medicine. Many people in a Chinese Medicine Museum in Nanjing are detained by prison On the morning of November 30, 2017, Nanjing Qinhuai police combined with Qinhuai district market supervision bureau and other departments to investigate the Guishi Hall of traditional Chinese medicine in Nanjing (hereinafter referred to as Guishi hall) and take Qian Hui and others to take away, including his wife and 23 year old daughter. At that time, Qian Huis daughter, Mao Zhenlin (a pseudonym), graduated from university in less than half a year, and worked in Guishi hall. Mao Zhenlin told the surging news that the police asked her to open the door of the Chinese Medicine Museum with keys, and then seized some medicines, pharmaceutical equipment and patient information. One of the most impressive details of Mao Zhen Lin is that when all the staff members of the Chinese Medicine Museum were taken away, she left a shop with a cleaner. Later, when the police learned that she was the daughter of the head of the Chinese Medicine Museum, she took her away together. On the second day, 11 people, including Mao Zhenlin, were under criminal detention. Nanjing Municipal Public Security Bureau Qinhuai branch related to the surging news, the police said that the police in accordance with the relevant departments of the results of false drug identification, on suspicion of the production and sale of counterfeit drugs to the above personnel in criminal detention. The person said that although the case has been transferred from criminal detention to bail pending trial, it is still a criminal suspect and is in a state of criminal coercive measures. At present, the case has been transferred to the procuratorial organ. Police investigation found that the cancer treatment side was coined In March 14th this year, a news report published by the Qinhuai police in Nanjing in the Jiangsu Modern Express newspaper restored the general course of the case. Chinese medicine price list of Guishi hall. Doctors information According to reports, the police of the Qin Hong police station, who participated in the investigation, said that there were three doctors in the Guishi hall. They would be treated with the money of the famous doctor. The doctor is responsible for prescribing the patients, while Qian will instruct one side, and the medicine prescribed by the doctor is made by Guishi hall. The report mentioned that the medicine made by the Chinese medicine hall, some claimed to be able to treat cardiovascular disease, and some claimed to be able to treat insomnia, most of which should be a bottle of hundreds of pieces, some drugs even sold to 3000 yuan a pack. According to the above report, after investigation by the Qinhuai police, it was discovered that Qian Mou, a doctor who was known as a famous doctor, had been a doctor before, but now he has no qualification to practise medicine. The so-called centenary remedy for cancer is invented by him to get money. A large cylinder of Chinese traditional medicine is made in a Chinese Medicine Museum. The report also said that the medicines sold by guihtang hall were not approved by the State Administration for drug control. Opposite to the warehouse of the Chinese Medicine Museum, the police found a pharmaceutical facility with more than 100 large cylinders in it, without any disinfection and protection facilities. Liu, who is responsible for pharmaceuticals, has not only learned drugs, nor has he studied medicine. At the end of November 2017, the Qinhuai District Supervision Administration and the Pharmaceutical Supervision Bureau helped Qinhuai police to investigate and investigate Guishi hall, and found more than 5000 bags (or bottles) of drugs, including both tablets and water agents, in the end of November 2017, the Qinhuai district market supervision and Administration Bureau and the Pharmaceutical Supervision Bureau were assisting Qinhuai police. To see a doctor in a Chinese medicine hospital, the doctor will prepare a good medicine, which can be taken home to fry, or to the hospital for decocting. But they (Guishi Hall) method is to decoct the medicine first (processing) good, write the name, effect, the patient comes to give you hair, equivalent to the medicine in the drugstore. Mr. Liu said. Hints in the Chinese Medicine Museum. The products involved in the case have not been put on record by the government department The food and Drug Administration of Nanjing said that in November 2017, the Bureau accepted the accreditation of the Qinhuai branch of the Nanjing Public Security Bureau and asked for the properties of the citron stomach film, which was marked as Guishi Tang traditional Chinese Medicine Museum. The citron tablets were identified as counterfeit drugs. Qian Hui map Through the study of the case materials provided by the Qinhuai police and the products involved in the cases, the food and Drug Administration of Nanjing believes that the products involved should be identified as drugs, and their packaging signs are not approved by the drug approval code and the products involved in the case have not been approved by the national drug supervision and administration department. The food and Drug Administration of Nanjing said to the press that according to the relevant provisions of the drug management law, in accordance with the provisions of this law, it must be approved without approval of production, import, or in accordance with this law, which must be inspected without inspection. In the second half of last year, the bureau had received 3 complaints about the Chinese Medicine Museum of Guishi hall in the second half of last year, according to Liu Kun, the drug supervision department of the Qinhuai Bureau of market supervision and administration. The complaints were cancer patients (or family members). They concentrated on the medicine of Guishi hall. After eating, they found no effect, but it was difficult to prove that the drugs were harmful to the body. . For the drug control department to make homemade Chinese medicine identified as counterfeit, the police on suspicion of production and sale of counterfeit drugs on file. This case is qualitative, Qian Hui and others said, so far, still puzzled. The secret recipe of Guishi hall. Qian Hui map According to Qian Huis statement, the Chinese medicine Hall of Guishi Tang originated in the last year of the Qing Dynasty. The founder is his ancestor Mao Yuqing. It has accumulated dozens of experience prescription for more than one hundred years. It can treat many complicated diseases such as cardiovascular disease and diabetes. The effect is good. Guihtang TCM museum was approved by the Qinhuai district health and Family Planning Bureau. After interrupting for more than 40 years, in 2010, I resumed the Guishi Tang Chinese Medicine Museum in my hometown, Qidong. Qian Hui told surging news. At the end of 2014, the Chinese Medicine Museum was moved to Nanjing. It was established by the Qinhuai district health and Family Planning Bureau, and it belongs to the legal traditional Chinese medicine clinic. I am a doctor of Western medicine. Although there is no qualification for practicing medicine in traditional Chinese medicine, I have hired a doctor to sit in a doctors office and instruct him when he prescriptions. Qian Hui told surging news that over the past 3 years, more than 2000 patients have been treated in Guishi hall, with an annual turnover of ten million yuan. Guihtang Chinese Medicine Museums parent company, Nanjing Guishi Tong health management Co., Ltd. was awarded the food business license. The Chinese medicine that we deploy is harmless to society and human health. Qian Hui said, after we were sentenced to detention, some patients also explained the efficacy of the drugs to the relevant departments, hoping that Guishi Tong could resume business. According to Qian Hui, according to the provisions of the law of traditional Chinese medicine issued in July 1, 2017, Chinese traditional medicine decoction pieces and preparations made by the Chinese medicine museum do not need to obtain the approval number of the Department of drug supervision, only the local drug supervision department will be put on record. And the reason why it is not filed is because the country has not yet issued the relevant rules for the record. He does not know how to record it. It is not subjective. Therefore, in his view, the act of not filing should not be regarded as illegal. However, experts in the industry believe that before the application of traditional Chinese medicine preparations in medical institutions to the ground, traditional Chinese medicine preparation by medical institutions still needs an approval number. The issue of the crime of producing and selling counterfeit drugs is controversial. The twenty-eighth article of the Chinese medicine law stipulates that the medical institutions can make and use in this medical institution according to the needs of the doctors prescriptions of this medical institution. Chinese medicine Pieces processed by medical institutions should be filed with the pharmaceutical supervisory and administrative departments of the peoples governments at the municipal level where they are located. The thirty-second article of the law of traditional Chinese medicine stipulates that:... The varieties of traditional Chinese medicine prepared by traditional technology can be made up to the pharmaceutical supervision and administration departments of the provincial, autonomous region, and municipality directly under the central government of the provinces, autonomous regions and municipalities directly under the central government of the medical institutions, and the approval number of the preparation is not required. Sun Along, a lawyer of Ninglian law firm in Jiangsu, believes that the key problem in these cases is the application of law. The law of traditional Chinese medicine was implemented in July 1, 2017. Therefore, the law of traditional Chinese medicine is both a special law and a new law. According to the legal principles of the new law and the old law, the special law is superior to the general law, the case should be applied to the law of traditional Chinese medicine. Sun Along said that after the implementation of the traditional Chinese medicine law in July 1, 2017, the State Drug Supervision Bureau issued a bulletin on the application of traditional Chinese medicine preparation for the record management of traditional Chinese medicine preparations in February 2018. In the middle, it is a blank period of the law. During this period, there was controversy over the use of traditional technology to prepare Chinese medicine in guihtang, and it should not be handled according to the crime of producing counterfeit drugs. Because the impossibility of this kind of filing is not caused by the parties, but the condition that the administrative organ does not have the record, causing the parties to be unable to record. Sun Along told surging news that criminal law requires crimes to be harmful to society. Although the amendments to the criminal law (eight) constitute the constitutive elements of the crime of producing and selling fake drugs, the constitutive requirements of sufficient harm to human health are deleted, but according to the applicable principles of the criminal law, it is found that the crime of certain acts still requires the social harmfulness of the act. If the case does not cause any harmful consequences, that is, no social harmfulness appears, and it is not suitable to deal with crimes. The source of this article: surging news editor: Li Tian Yi _NN7528 Sun Along said that after the implementation of the traditional Chinese medicine law in July 1, 2017, the State Drug Supervision Bureau issued a bulletin on the application of traditional Chinese medicine preparation for the record management of traditional Chinese medicine preparations in February 2018. In the middle, it is a blank period of the law. During this period, there was controversy over the use of traditional technology to prepare Chinese medicine in guihtang, and it should not be handled according to the crime of producing counterfeit drugs. Because the impossibility of this kind of filing is not caused by the parties, but the condition that the administrative organ does not have the record, causing the parties to be unable to record. Sun Along told surging news that criminal law requires crimes to be harmful to society. Although the amendments to the criminal law (eight) constitute the constitutive elements of the crime of producing and selling fake drugs, the constitutive requirements of sufficient harm to human health are deleted, but according to the applicable principles of the criminal law, it is found that the crime of certain acts still requires the social harmfulness of the act. If the case does not cause any harmful consequences, that is, no social harmfulness appears, and it is not suitable to deal with crimes.