Industry and commerce and drug administration illegally registered, covered up fraud, made enterprises impersonate drug business licenses, illegally engaged in drug wholesale for billions of dollars, and regarded the law as a joke and the government as a plaything. Seriously disrupted the social and economic order. Promote the construction of a free market for private trading of drug business licenses?
Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. has never applied for a Drug Business License in the US Food and Drug Administration in Xinjiang, nor has it legally obtained a Drug Business License. Instead, it illegally used the Drug Business License of other companies to engage in drug wholesale for billions of yuan.
The company, formerly known as Xinjiang Jiuzhoutong Bioengineering Co., Ltd., was established in the Administration for Industry and Commerce of Xinjiang Autonomous Region on May 26th, 2004, and then transferred to the Administration for Industry and Commerce of Urumqi High-tech Zone. Its domicile is No.88, changchun road, Urumqi, and its legal representative is Liu Zhaonian).
In February, 2006, the Pharmaceutical Business License of Xinjiang Yaxin Pharmaceutical Co., Ltd. was changed from the US Food and Drug Administration in Xinjiang to the Pharmaceutical Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., and its address was changed to No.88, changchun road, Urumqi. It is reasonable to handle the renaming of Xinjiang AsiaInfo Company to Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. with the renamed license in accordance with the provisions of the Drug Administration Law.
However, the shareholders of Xinjiang AsiaInfo Company: (Hubei) Jiuzhoutong Group Co., Ltd. and Shanghai Hongkang Industrial Investment Co., Ltd. deliberately violated the Drug Administration Law in order to evade debts, maliciously evade government supervision and deceive the government. They deliberately went to the Industrial and Commercial Bureau to change the name of Xinjiang AsiaInfo Company to Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. and their domicile to No.88, changchun road, but they hid Xinjiang AsiaInfo Company and operated it as a shell company on paper.
At the same time, another company, Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., illegally used the license (namely, the Pharmaceutical Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. obtained by Xinjiang Yaxin Company with the license number of new AA0 100003), defrauded the food and drug administrations all over the country, defrauded the pharmaceutical production and operation companies all over the country, and lied everywhere that Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. Deceiving local government food and drug supervision departments, pharmaceutical production enterprises, business enterprises and medical institutions on a large scale nationwide, and illegally purchasing and operating pharmaceutical wholesale business in dozens of places such as Shanghai, Jiangsu, Gansu and Xinjiang since February 2006 (20 10). Huge illegal transactions amount to billions of dollars. Especially in Shanghai and other places, a large number of illegal drugs are purchased under the guise of "drug business license".
National Medal of the US Food and Drug Administration (No.26)-Director Shao
Thirteenth pharmaceutical production and marketing enterprises know or should know that others are engaged in unlicensed pharmaceutical business, and shall not provide drugs for them.
Article 43 Whoever, in violation of the provisions of Article 22 of these Measures, illegally purchases drugs shall be punished in accordance with the provisions of Article 73 of the Drug Administration Law.
This was reported to the US Food and Drug Administration in Shanghai two months ago.
Due to the illegal registration and cover-up of fraud by government officials, hundreds of legal pharmaceutical companies and medical institutions across the country were tricked into trading illegal drugs with companies without drug business licenses. Seriously disrupted the social and economic order. It is a big scandal in the history of medical supervision. The pharmaceutical companies whose debts were evaded suffered heavy losses, and the fate of all managers was tragic.
Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. has the following steps:
1. Drug Business License: The Drug Business License of Xinjiang Yaxin Pharmaceutical Co., Ltd. was renamed as the Drug Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. by the US Food and Drug Administration of Xinjiang;
2. Business license: Xinjiang Jiuzhoutong Bioengineering Co., Ltd. was renamed Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. in the Administration for Industry and Commerce;
3. The business scope of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. in the industrial and commercial business license: the industrial and commercial bureau illegally added pharmaceutical wholesale business items.
4. Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. fraudulently used the Pharmaceutical Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., which was obtained from the Pharmaceutical Business License of Xinjiang Yaxin Pharmaceutical Co., Ltd.
Just like Zhang San took Li Si's college admission notice and changed his name to Li Si, is it legal for Zhang San to pretend to be Li Si in college? China court newspaper 65438+1On October 26th, the People's Court of Beita District, Shaoyang City, Hunan Province publicly pronounced the case of Wang Jiajun, a student from Shaodong County, Hunan Province, impersonating Luo Caixia to go to college in the first instance. Wang Jiajun's father, Wang Zhengrong, is a former policeman in Longhui County, Hunan Province. He was sentenced to two years' imprisonment by the court, and was sentenced to four years' imprisonment combined with the three years' imprisonment for accepting bribes.
Note: 1. Xinjiang Yaxin Pharmaceutical Co., Ltd. was established in February 2000 in Urumqi Industrial and Commercial Bureau. The address is No.5 attached to No.20 Karamay West Road, Urumqi, and the drug business license number is Xin AA0 100003.
2. After the name of Pharmaceutical Business License of Xinjiang Yaxin Company was renamed and changed, Xinjiang Yaxin Company became a shell company on paper and was hidden. When the original house was demolished, there was no sign of Xinjiang Yaxin Pharmaceutical Co., Ltd. Speaking of debts, Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. claimed that it had nothing to do with Xinjiang Yaxin Pharmaceutical Co., Ltd. and was registered by the Industrial and Commercial Bureau.
3. According to the introduction of Tianshan District Court in Urumqi, "Xinjiang Yaxin Pharmaceutical Co., Ltd." was approved by Urumqi Industrial and Commercial Bureau to cancel {(2008) registration for domestic sales of ZiNo on June 5438+February 65438+September 9, 2008. 08 12 19354}, the name was still Xinjiang Yaxin Pharmaceutical Co., Ltd. at the time of cancellation.
4. According to the enterprise files of Xinjiang Autonomous Region Administration for Industry and Commerce, Urumqi Administration for Industry and Commerce, Urumqi High-tech Zone Administration for Industry and Commerce, and the records of Xinjiang American Food and Drug Administration, it is determined that Xinjiang Yaxin Pharmaceutical Co., Ltd. and Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. colluded maliciously and used the fictional fact that there is no "Xinjiang Yaxin Pharmaceutical Co., Ltd. was renamed Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd." to deliberately evade debts. Xinjiang Yaxin Pharmaceutical Co., Ltd. and Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. are two independent enterprise legal persons, and there is no so-called "renaming". After the name change, the enterprise legal person remains unchanged, and the main body continues, while Xinjiang Yaxin Pharmaceutical Co., Ltd. was approved for cancellation by Urumqi Industrial and Commercial Bureau on June 5438+February 9, 2008, showing Xinjiang. Before it was cancelled, it maliciously colluded with Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. to fabricate the name of the enterprise, which seriously violated the Drug Administration Law, illegally changed columns and illegally took the license (the certificate number was new AA0 100003).
5. After the cancellation of Xinjiang Yaxin Company, the Pharmaceutical Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. (certificateNo. new AA0 100003) was renamed from the Pharmaceutical Business License of Xinjiang Yaxin Company, but the US Food and Drug Administration of Xinjiang did not cancel it according to the Drug Administration Law (the main body of the company has been cancelled, and the Pharmaceutical Business License should be cancelled according to the Drug Administration Law). However, it was still illegally used by Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., an unlicensed company, and illegally engaged in a large number of drug wholesale. If pharmaceutical companies and non-pharmaceutical companies can be unscrupulous and violate the law and discipline under the cover of industry and commerce and drug supervision, the national pharmaceutical market will be chaotic again. Do you still need the laws of China people? Even government regulators treat the law as a joke and violate the law and discipline. Can society remain stable?
6. collusion between government and business. Illegal enterprises counterfeit drug business licenses and engage in illegal and huge drug wholesale. They have repeatedly reported to the state food and drug administration and the director, and even replied: we can't control it.
7. The Administration for Industry and Commerce of Urumqi High-tech Zone has seriously violated the Company Law. Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. has no legal drug business license and no drug business qualification, but it is illegally registered, sheltering it from illegal and huge drug wholesale.
8. The website of the State Pharmaceutical Products Administration A: What penalties will be imposed for purchasing drugs from enterprises without a Pharmaceutical Trading License?
A: If a pharmaceutical production and marketing enterprise or medical institution purchases drugs from an enterprise without a Pharmaceutical Trading License, it shall be ordered to make corrections, confiscate the illegally purchased drugs, and impose a fine of not less than two times but not more than five times the value of the illegally purchased drugs; Illegal income, confiscate the illegal income; If the circumstances are serious, the Pharmaceutical Production License, Pharmaceutical Business License or Medical Institution Practice License shall be revoked.
9. According to the provisions of the Criminal Law, Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. has been suspected of the crime of forging, altering or buying and selling official documents of state organs in Article 280 of the Criminal Law, and the crime of illegal business operation in Article 225, paragraphs 1 and 4.
10, the relevant staff of the US Food and Drug Administration of Xinjiang Uygur Autonomous Region and the Administration for Industry and Commerce of Urumqi High-tech Zone neglected their duties, knowing that the companies and personnel involved in the case maliciously evaded government supervision and seriously violated the Drug Administration Law and the Company Law, but illegally registered the company, resulting in the illegal use of the Drug Business License by Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., which succeeded in illegal and huge drug wholesale, causing heavy losses to creditors. After being reported, he still sheltered the companies and personnel involved, refused to investigate and let them go unpunished. According to the provisions of the criminal law, he has been suspected of the crime of dereliction of duty in Article 397, the crime of not transferring criminal cases for selfish ends in Article 402, and the crime of abusing the right to manage companies in Article 403.
According to the Regulations for the Implementation of the Drug Administration Law (Order No.360th of the State Council)
Article 15 An applicant shall go through the registration formalities for change with the administrative department for industry and commerce according to law with the changed Pharmaceutical Business License.
Article 17 If a pharmaceutical trading enterprise stops trading drugs or suspends business, the original license-issuing organ shall revoke the Pharmaceutical Trading License.
Article 74
Where a pharmaceutical trading enterprise changes its Pharmaceutical Trading License, it shall go through the formalities for registration of change but fails to do so, the original issuing department shall give it a warning and order it to go through the formalities for change within a time limit; If no correction is made within the time limit, the Pharmaceutical Business License shall be declared invalid;
Those who still engage in pharmaceutical business activities shall be punished in accordance with the provisions of Article 73 of the Drug Administration Law.
According to the Drug Administration Law and the Drug Administration Law.
Article 73
Those who deal in drugs without obtaining the Drug Business License shall be banned according to law, the illegally sold drugs and illegal income shall be confiscated, and the illegally sold drugs (including sold and unsold drugs, the same below) shall be fined between two times and five times the value; If a crime is constituted, criminal responsibility shall be investigated according to law.
Interpretation of drug administration law
The legal responsibilities stipulated in this law mainly include administrative responsibility and criminal responsibility.
Administrative responsibility is mainly administrative punishment. Including: confiscation of illegal drugs and illegal income, and fines. It should be noted that these two punishments can be combined.
The criminal responsibility stipulated in this article is the crime of illegal business operation.
Illegal business operation refers to illegal business activities in violation of state regulations, disrupting market order and serious acts. The object of its infringement is the state's management order of materials, gold and silver, foreign trade and industry and commerce; The subject of crime includes natural persons and legal persons;
Objectively speaking, this is a serious violation of state regulations, illegal business activities, disrupting market order. Specifically including:
(1) Operating franchised or monopolized commodities or other commodities whose operation is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (3) Other illegal business operations that seriously disrupt the market order;
The supervisor did it on purpose. Those who constitute the crime of illegal business operations shall be punished in accordance with the provisions of Article 225 of the Criminal Law.
Article 82
Whoever forges, alters, buys, sells, rents or lends a license or drug approval number shall have his illegal income confiscated and be fined between one and three times his illegal income; If the circumstances are serious, the drug business license or drug approval certificate of the seller, lessor or lender shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 83
Anyone who, in violation of the provisions of this Law, provides false certificates, documents and materials or obtains a Pharmaceutical Trading License by other deceptive means shall have his Pharmaceutical Trading License revoked, his application shall not be accepted within five years, and he shall be fined not less than 10,000 yuan but not more than 30,000 yuan.
It has (copy) on it:
1. Business license of Xinjiang Yaxin Pharmaceutical Co., Ltd. (registration number 650 100050090354),
2. (Xinjiang Yaxin Pharmaceutical Co., Ltd.) Report on application for change of business scope,
3. (Xinjiang Yaxin Pharmaceutical Co., Ltd.) Basic information of the company (establishment),
4. Documents of US Food and Drug Administration in Xinjiang Uygur Autonomous Region,
5. The US Food and Drug Administration of Xinjiang Uygur Autonomous Region approved the change of the Pharmaceutical Business License of Xinjiang Yaxin Company to the Pharmaceutical Business License of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd.;
6. The drug business license of Xinjiang Yaxin Pharmaceutical Co., Ltd. and its new license number of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd., namely AA0 100003,
7. Notice of Urumqi Administration for Industry and Commerce on Approving the Cancellation of Registration (Xinjiang Yaxin Company) {(2008) Registered Domestic Sales WordNo.. 08 12 19354},
8. Cancel the liquidation report of Xinjiang Yaxin Company,
9. (Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd.) Basic information of the company (established),
10. (Shareholders of Xinjiang Jiuzhoutong Bioengineering Co., Ltd.: Jiuzhoutong Group Co., Ltd. and Shanghai Hongkang Industrial Investment Co., Ltd.) Amendment to the Articles of Association (Xinjiang Jiuzhoutong Bioengineering Co., Ltd. will be changed to Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd.);
1 1. Industrial and commercial business license of Xinjiang Jiuzhoutong Pharmaceutical Co., Ltd. (August 29, 2006) (registration number: 650000 1890297), which was established on May 26, 2004 before the change;
Business license of Xinjiang Jiuzhoutong Bioengineering Co., Ltd. (registration number: 650000 1890297)
In September 2007, the registration number was changed to: 650000059002027.