"Do you know what it means for you to sue someone, that is, to sue Du Yushan?" Director Li's eyes burned.

"I know." Of course, Lin Du knew that this meant that she had to do a lot of things for this, "We have to go through industrial and commercial inquiries, notarization of the prestige of legal representatives, shareholders, telephone confidential visits, and find a lot of relevant cases and legal support." ”

"Have you figured it out?" Director Li leaned forward.

"Of course." Lin Du had already thought about it, "Director, as lawyers, don't we just want to fight for the greatest rights and interests of our clients?" ”

When she thought of this case, she felt that there was a long way to go, "All of us legal workers have a consensus, that is, it is difficult to enforce, especially in the face of a scoundrel like Du Yushan who understands the law." Finally, the lawsuit was fought in the first and second instance, and it was not easy to win, but the winning judgment could not bring anything substantive to the parties. Du Yushan registered Qiushui Film and Television to cope with such a judgment, and the compensation clause ruled by the court could not be enforced in Qiushui Film and Television, because Qiushui Film and Television did not have a penny on its books. The parties will carry out the objections and reconsideration one after another, and when the time comes, let alone a year and a half, it is very likely that those who delay it for three or five years will not get the money. ”

Director Li understands very well that this is their common helplessness, a case lawyer has tried his best to fight for a year or two, and finally won the case, but the compensation clause has not been enforced, "Then Liu Hongmao's case, you may have to hand it over to lawyer Jiang Shibin to do more." When the board of directors selects a senior partner, you will most likely not have an advantage. ”

"We are partners, and in a case, it is inevitable that someone will do more and do less. As for what the board thinks, I can't influence it. I can't afford to delay other clients' cases because I'm going to be promoted to senior partner. Lin Du thought about it.

"Then I won't say much." Director Li also respects the ideas of his lawyers.

In the next month, Lin Du and Jiang Shibin were busy separately.

Jiang Shibin instructed Liu Hongmao's patients to write a petition for him.

While Lin Du continued to find the legal rules for Liu Hongmao's case, he was also running non-stop for Mr. Qian's case.

Soon the second notary public began.

The notary public has invited many well-known presiding judges, judges, jurists, law professors, lawyers, policemen, and prosecutors. Rainbow Literature Network

Everyone is back in an argument.

Lin and Jiang Shibin still insisted that Liu Hongmao's conduct did not constitute a sales practice.

One prosecutor questioned: "I think that as long as a product or service is provided to the outside world, it has already constituted a sale." Liu Hongmao helped the patient purchase drugs on his behalf, the patient gave him money, and he provided the medicine to the patient, whether he made a profit or not, I think this is a sales behavior. Besides, if you don't make a profit, you can violate the law and import counterfeit drugs at will? ”

A jurist supported the prosecutor's view: "According to Article 48, Paragraph 3 (2) of China's Drug Administration Law, drugs that must be approved in accordance with the law but are produced or imported without approval, or that must be tested in accordance with the law but are sold without inspection, shall be treated as counterfeit drugs." According to Mr. Xia and Mr. Jiang, Liu Hongmao was not a salesman, but the foreign company that provided him with generic drugs was a salesman. Do you admit that? ”

"We admit it." Jiang Shibin did not deny this, and the contact records between Liu Hongmao and the foreign company provided by him and Lin Du can show that the foreign company knew that Liu Hongmao resold the drugs to patients in his own country, and that the foreign company would directly mail the drugs to patients in his own country.

The jurist continued: "Well, according to Article 8 (1) of the Interpretation of Several Issues Concerning the Handling of Criminal Cases Endangering Drug Safety, a person who provides an account number knowing that others are producing and selling counterfeit drugs shall be punished as a joint crime, and Liu Hongmao's act of providing a bank account constitutes an accomplice to the sale of counterfeit drugs by a foreign country." ”

"Nope." Lin Du reacted quickly, "The bank account provided by Mr. Liu Hongmao was opened at the request of the patient, not at the request of Mr. Liu Hongmao, and Mr. Liu Hongmao did not make profits from foreign companies and make intermediary money. This account is mainly used to collect the patient's drug purchase money and transfer it to a foreign company, and Mr. Liu Hongmao provides drug purchase services for the patient. This is a component behavior of the drug purchase behavior of the drug seeking group of patients with chronic myelogenous leukemia, and it is the behavior of the buyer, not the behavior of the seller. ”

At this time, the presiding judge spoke: "Then the question is back to square one. I would like to ask Lawyer Jiang and Lawyer Xia, if you always insist that Mr. Liu Hongmao's actions do not constitute a violation of the law, is it not illegal in your opinion that as long as the act of purchasing a large number of counterfeit drugs for others in China is not for the purpose of profit? In your opinion, is our country's Drug Administration Law just a dead letter? ”

"Presiding Judge, we have absolutely no intention of flouting the country's Drug Administration Law." Jiang Shibin organized the language, "Mr. Liu Hongmao did violate the country's "Drug Administration Law", but it does not constitute a crime, his starting point is to protect the right to life and health of thousands of patients, I think the right to life and health is the greatest right of a person." So I would like to ask you to consider your discretion. ”

"The law is unforgiving, no matter what his starting point is, if he violates the law, it is illegal, is it in Lawyer Jiang's heart, as long as the purpose is to protect the right to life and health, in other words, as long as everything is done for the purpose of living, is it not illegal?" A law professor disagrees with Mr. Jiang.

"Of course, as legal people, we understand that the law cannot be forgiven and the law cannot be challenged, but I think there are circumstances outside the law." Just now, Lin Du and Jiang Shibin have finished their legal defense, and now they have said emotionally, "Our judicial philosophy is that justice is for the people, and Mr. Liu Hongmao's behavior is indeed serving tens of millions of patients with chronic myelogenous leukemia." Justice is for the people, Mr. Liu Hongmao is the people, and thousands of patients with chronic myelogenous leukemia are even more of the people. ”

Her voice was resounding: "If Liu Hongmao's actions are found to constitute a crime, it will deviate from the values of criminal justice." The people-centered development concept is the guiding ideology of political and legal work. We believe that the principle and purpose of justice is to put people at the centre and to protect human rights. Among the personal rights and interests of citizens, the greatest right is the right to life. The purpose of our case handling is to embody the protection of human rights, especially the right to life and health. In my opinion, Mr. Liu Hongmao's behavior is similar to emergency evasion, in order to save the lives of thousands of leukemia patients who cannot afford expensive drugs, he has to violate China's drug management regulations and carry out illegal acts. ”