Watch the movie "I Am Not a Medicine God" and comment on the legal issues involved in smuggling

Recently, after chasing the movie "I Am Not a Medicine God", I still feel a lot. This movie mainly tells that the protagonist Cheng Yong opened a health care product store, selling Indian divine oil, due to the dismal operation, Cheng Yong's life was sloppy, and he could not afford to pay rent, had no money to treat his father, and his ex-wife competed for the custody of his son, and a series of troubles, just when he was struggling, he happened to meet leukemia patient Lu Beneficiary because he could not afford to eat the genuine drug Glenin for the treatment of leukemia, and needed generic drugs to continue his life, forced to make a living, Cheng Yong began to go to India to buy imitation Glennin, during which he obtained the agency right of the generic drug. Later, Cheng Yong was sentenced to prison for selling generic drugs in large quantities, and after his release from prison, he was told that the genuine Glennin had entered medical insurance. #我不是药神 #

There is a scene in the movie where the landlord introduces Lü Hui (Wang Chuanjun) to Cheng Yong (Xu Zheng) and says, "He, I want to entrust you to help him with some medicine in India", Cheng Yong said: "Smuggling", the landlord said: "Aren't you all smuggled".

Yes, smuggling, you read that right, let's talk about smuggling now. #影视杂谈 #

Smuggling is illegal. Article 82 of the Mainland's Customs Law stipulates that smuggling refers to violations of customs laws and administrative regulations, evasion of customs supervision, evasion of tax payable, and evasion of the state's prohibitive or restrictive management of entry and exit. #虎年有娱 #

In layman's terms, goods or articles that are prohibited or restricted by the state from entering or leaving the national border cannot be transported, carried or mailed into or out of the country, otherwise they are constituted.

Goods and articles prohibited from entering the country include: weapons, ammunition, explosives, counterfeit currency and negotiable securities, items harmful to the state, potent poisons, etc. Goods and articles prohibited from exiting the country include: goods and articles listed in the scope of prohibited entry into the national border, articles involving state secrets, precious cultural relics, endangered and precious animals and plants, etc.

Goods and articles restricted from entering the country include: radio transceivers, communication secrecy machines, tobacco, alcohol, national currency, etc. The goods and articles restricted from leaving the country include: precious metals and products, radio transceivers, communication secrecy machines, national currency, foreign currency and negotiable securities, valuable Chinese herbal medicines, general cultural relics, etc.

In addition to the above-mentioned goods or articles that prohibit or restrict the entry or exit of the country, those who transport, carry or mail other goods or articles (ordinary goods and articles) entering or leaving the country shall pay taxes in accordance with law. If the tax is not paid in accordance with the law, and such goods and articles are transported, carried or mailed into or out of the country, the same applies.

In addition, the direct illegal purchase of goods or articles that are known to be smuggled into the private sector, the transportation, purchase, or sale of goods or articles in the inland sea, territorial sea, boundary rivers, and boundary lakes, ships and personnel contained in the inland sea, territorial sea, boundary rivers, and boundary lakes, or the transportation, purchase, or sale of goods that are subject to tax payment according to law, without legal proof, also.

Where there is smuggling but it has not yet constituted a crime, the Customs shall give administrative penalties such as confiscation of smuggled goods, confiscation of illegal gains, and fines.

Smuggling is not always a crime, but serious smuggling can be suspected of being a crime. There is such a scene in the movie "I am not a medicine god", the landlord let Cheng Yong and Lu Benefit talk about purchasing generic drugs, Cheng Yong said to Lü Beneficiary: "Smuggled drugs are caught and sentenced, you know? It can be seen that Cheng Yong understands the Fa. Indeed, smuggling to a certain extent constitutes a crime and is subject to criminal liability.

According to the provisions of the Criminal Law, violating customs laws and regulations and evading customs supervision and committing any of the following acts constitutes a crime: (1) transporting, carrying and mailing weapons, ammunition, nuclear materials, counterfeit currency, precious animals and products into or out of the country, (2) transporting, carrying and mailing valuable metals and cultural relics prohibited for export out of the country, (3) transporting, carrying or mailing waste into the country, and (4) transporting, carrying or mailing obscene materials into or out of the country for the purpose of profit or dissemination. This is a provision on the crime of smuggling specific goods and items that are prohibited from being imported or exported by countries.

In addition to the specific goods or articles listed in the above-mentioned provisions of the Criminal Law, which are prohibited from import and export by the state, smuggling other goods or articles, stealing a relatively large amount of tax payable (more than 50,000), or smuggling after being given a second administrative punishment for smuggling within one year, constitutes the crime of smuggling of ordinary goods or articles. Article 153 of the Criminal Code is a specific provision on the crime of smuggling ordinary goods and articles.

The imitation Glenin in "I Am Not a Medicine God" belongs to ordinary goods and items, such as transporting, carrying, or mailing the drug into China, and evading the tax payable by more than 50,000 yuan, shall be convicted and sentenced according to the crime of smuggling ordinary goods and articles.

The movie "I Am Not a Medicine God" shows the dilemma between love and law. Cheng Yong began to make a living, agreed to buy imitation Glenin for Lü Beneficiary and other leukemia patients, and obtained a large profit from it, but then because he avoided legal risks, chose to wash his hands in the golden basin, causing Lü Beneficiary to be unable to afford to buy medicine and chose to commit suicide, Cheng Yong, out of guilt, did not earn money to continue to buy imitation Glenin for other patients, and finally faced the disaster of imprisonment, which made people feel very sad, but sometimes had to choose between love and law.

Although Cheng Yong smuggled, in order to survive and treat patients, he had a lot of helplessness. In the end, although he was held criminally responsible, the incident prompted the genuine Glennin to enter the medical insurance. He has a realistic side and a good side. His last act of kindness won people's recognition and exchanged for people's love.