On March 26, 2022, Zhang Li taught her daughter to write hand in hand. Beijing News reporter Feng Yuxin photographed
On April 15, after nine months of detention at the Zhongmu County Detention Center in Henan Province, Hu Wei, whose online name goes "Iron Horse Glacier," was released on bail pending further investigation.
Hu Wei, a pickle small business man in Wangjiang County, Anhui Province, was charged with "smuggling and trafficking drugs" because he purchased the anti-epileptic drug "Klopasan" from abroad through the Internet and resold it to domestic drug users.
Clopajan is a broad-spectrum anti-epileptic drug, which belongs to the second class of psychotropic drugs in the mainland and has not yet been approved for marketing.
On March 18, the "Iron Horse Glacier" case was heard in the Zhongmu County Court, and the prosecutor recommended a sentence of one year to one year and four months. Hu Wei claimed innocence. Before the trial, the parents of 132 children jointly submitted a petition to the court, hoping that the "Iron Horse Glacier" would be found not guilty. After nearly four hours of trial, the court announced a timetable for sentencing.
After the "Iron Horse Glacier" case, the public and the judicial community have launched many discussions. Some people in legal circles pointed out that the core of the contradiction in the trial of this case lies in the judicial characterization of "whether it is poison or medicine" of Chloepazhan. According to the Anti-Narcotics Law of the People's Republic of China, the state controls the second type of psychotropic drug clopazhan as a "drug". According to the Minutes of the National Symposium on the Trial of Drug Crimes in Courts, drugs used "for medical purposes" cannot be convicted and punished as drug crimes.
"In essence, regardless of the purpose, as long as it is through informal channels, anyone who purchases the state-controlled drug chlorambuchambazam on behalf of anyone or direct mail overseas is illegal." Some voices also believe that Hu Wei did not obtain a drug business license for Chlorphazan, and his purchasing behavior was suspected of illegal operation. In the context of the fact that the children's families really need to use drugs and are really difficult to use drugs, the "legal" introduction of chlorphazhan is the only way out.
On March 29, the National Health Commission and the State Food and Drug Administration drafted and issued the "Work Plan for the Temporary Import of Chlorpakan" to solicit public opinions. Many parents of children believe that their needs have been "seen".
One
The rain was howling, and the wind was blowing, blowing the umbrella like a trumpet flower on the top. Zhang Li stood in front of the garage for a moment and stepped onto the electric car with the canopy. It was 4 a.m. on March 26, and the night in Wangjiang County was dark.
When she was blown a face of rain and arrived at the Longhu Trade City, two kilometers away from her home, it was already brightly lit. On the forty or fifty stalls, forty or fifty large light bulbs with white flowers were illuminated, and chicken, duck, fish, rice and vegetables were laid out. Zhang Li walked to her stall, lifted the covered canvas, and a smell of pickles rushed out.
She took off her jeans and sneakers, put on a pair of black rubber shoes and a flower jacket on a blue background, and began to carry the pickle bucket, "there are dried radish, pickled beans, spicy cabbage, pickled garlic, sherry..." After clearing a road, she found a chair and sat down, yawning.
Last night, she fell asleep at eleven o'clock, and this morning she got up at 3:30, first leading her little daughter Xingyu to the toilet, wiping and lifting her pants. She had just dressed her young daughter when her mother-in-law arrived just in time to pick her up.
Nine-year-old Xingyu is 1.4 meters tall and has a round face like Zhang Li. She would lean in front of people, tilt her head to look at people, and express her demands in very short prayer sentences: Go to the toilet! Want to eat rice! To sleep! Most of the rest are laughing, crying, or being silent. "The body of a nine-year-old, the intelligence of a two-year-old."
Because "I want to find a companion for my eldest daughter", in 2013, Xingyu was born. At first, everything was fine, and the star rain was like the other babies, soft, small, and insect-like in its arms. When she reached two months, once breastfeeding, Zhang Li found that she closed her mouth tightly, her body stiffened, indifferent to all calls, "even her eyes did not move." She and her husband Hu Wei took the child to the county hospital, the city hospital, and the provincial hospital for examination, only to say that it was pediatric epilepsy, and prescribed a few bottles of medicine to take back.
More than half a year later, strange things happened again, and the child suddenly smacked his mouth, his limbs stiffened, and his whole body turned purple. The couple took their children to Beijing to do electroencephalograms, genetic testing, etc., and were diagnosed with "tuberous sclerosis". The medical term is "an autosomal dominant disease involving multiple systems", which is mainly manifested as "epilepsy, intellectual disability", etc., which requires lifelong medication control. Seizures can be suffocating and life-threatening when severe.
Zhang Li and her husband "cried a few times." They began to seek medical advice endlessly.
Hearing that the doctors who treat epilepsy in Beijing were good, they took their children to the major hospitals in Beijing every three or five minutes. The child stumbled and grew up, and the medicines were exchanged for a variety of drugs, from liquids to granules, and nearly ten drugs were tried. When the disease was the most serious, the child had a seizure every day, while spitting out white foam in her mouth and creaking her teeth, Zhang Li shoved her hand into the child's mouth to prevent her from biting her tongue. Fortunately, after taking the medicine according to the doctor's instructions, the child's condition gradually stabilized, and the "big attack" of the horror was gone, leaving some "small attacks": she would suddenly squeeze her eyes, blink, or laugh for no reason; Her teeth were uncomfortable, and everything in her hand was put into her mouth to grind and bite; She is sensitive to sound, even the hair dryer is afraid, after washing her hair can only be dried with a towel... Xingyu barely finished kindergarten and attended primary school for a week. "But she didn't listen to the lessons, played with herself, took other people's things, tore up textbooks, and went out to the toilet without saying hello..." Zhang Li said that a week later, the child was "very euphemistically dissuaded" by the teacher.
When we talked about this, the sky outside slowly brightened. In the market, there are more people, the fishy smell of fish and meat, the fragrance of vegetables are emitted, and even the smell of chicken feces and dog urine are steaming up. Zhang Li was busy packing for guests, putting plastic bags in small baskets, weighing and loading vegetables. She bowed her head, and a clump of bangs in front of her forehead hung up, and fell down, hung up, and fell down.
After typing a package, she said, "I just want her alive." That was the lowest expectation she had of her little daughter.
On March 26, 2022, Zhang Li was busy in front of a pickle stall. Beijing News reporter Feng Yuxin photographed
Two
Zhang Li was 38 years old, she dropped out of school early, and at the age of 15, she went from her hometown of Zongyang County, Anhui Province, to Zhejiang to work as a garment factory worker, and then to Fujian to work. In Xiamen, she met Hu Wei, who was five years older than her. Hu Wei is a native of Wangjiang County, and the two are fellow villagers, and her impression of Hu Wei is "very honest and can't speak sweet words." In 2002, the two married. The following year, the eldest daughter was born, and the family of three returned to their hometown of Wangjiang County, Anhui Province, to take over two pickle stalls from Hu Wei's parents and run them to this day.
The two stalls are located in Longhu Trade City and Leichi Market. In the past, when her husband was at home, from two or three o'clock in the middle of the night, he went to Longhu Trade City to catch the morning market to sell vegetables. Zhang Li started at about six o'clock and set off at seven o'clock to set up a stall at the Leichi Market not far away. Longhu Trade City only does morning markets, the husband usually closes the stalls at ninety o'clock in the morning, and Zhang Li stays at the Leichi Market until the evening. Throughout the day, the husband took care of his young daughter at home, and took care of her medicine and medicine.
Looking back, Zhang Li feels that the past days are like pickled vegetables, salty and sour, but it is not bad to taste carefully.
Until July 4 last year. That evening, Zhang Li returned home from the Leichi Market and listened to the old man in the family say that her husband had been taken away by the police. Two days later, they received a detention notice from the Zhongmu County Public Security Bureau in Henan Province, and their husband was criminally detained on suspicion of drug smuggling. Half a month later, the husband was arrested.
According to people close to the Zhongmu County Procuratorate, on the morning of July 3, 2021, the Police of Zhongmu County received a tip from the Zhengzhou Anti-Narcotics Detachment that a chlorine bag had entered the country illegally and flowed into a community in Zhongmu County. On the same day, Li Fang, the recipient of the package, was captured. On July 4, zhongmu county public security went to Wangjiang County, Anhui Province, to capture Li Fang's "upper line" Hu Wei, and then escorted him back to Henan.
After investigation, since June 2021, Hu Wei has repeatedly purchased 155 boxes of state-controlled Class II psychotropic drugs clopazhan overseas through the WeChat account "Iron Horse Glacier", and mailed them in batches to four domestic contacts, including Li Fang, who are also parents of children with epilepsy. It was then forwarded to Hu Wei by the contact person. Subsequently, Hu Wei sold the above drugs to others through WeChat. The procuratorate of Zhongmu County, Henan Province, believes that the series of acts violates article 347 of the Criminal Law of the People's Republic of China, and is suspected of smuggling, transporting, and trafficking in drugs, and is prosecuted, recommending a sentence of one year to one year and four months. Li Fang, who had helped Hu Wei deliver the courier, and other mothers of the children were investigated and interrogated on the same charges, but the prosecution decided not to prosecute them, considering the minor circumstances.
The moment she got the detention notice, Zhang Li felt "like being stoned."
At that time, Zhang Li's understanding of the case was very vague, "Is it a kind of medicine that children need to take when they are sick?" The first time I heard about Chlobarzan was in November of the previous year, after returning from a follow-up clinic in Beijing, her husband consulted with her, "The child's weight and height have increased, and the doctor suggested that in the future, we should gradually change to a medicine called clobarzan." "They decided that after the follow-up clinic in the next year, they would change the child's chlorappa to eat."
As a result, the follow-up clinic did not wait, and the younger daughter Xingyu did not eat Chlobazan, but Hu Wei was arrested for purchasing Chlobarzan on behalf of him.
The youngest daughter Xingyu currently takes three medicines, "after breakfast and dinner, take one-half of Xi Baoning and one-half of Debagin." Eat a meal of rapamycin after lunch. Beijing News reporter Feng Yuxin photographed
Three
Zhang Li said that her husband never mentioned to her about purchasing drugs on her behalf.
She only knew that eight years ago, shortly after her younger daughter was diagnosed, the doctor suggested that she take a drug called "Xi Baoning", which was not listed in China at that time. The husband consulted in several groups of children, found a "purchaser", and bought Xi Baoning several times. After that, the husband "seems to have a channel for himself", no longer through the purchase, he directly purchased Xi Baoning from overseas pharmacies and mailed it to his home.
In early 2020, she heard her husband mention that several parents of children could not buy Xi Baoning, and he gave them a few boxes. As for when her husband began to buy clobats on her behalf, she was completely unaware.
Zhang Li's statement was confirmed in Hu Wei's purchasing group. Group member Li Ying remembers that around 2019, several parents of children met in a hospital in Beijing, and the "Iron Horse Glacier" led the formation of a "'Electric Baby' Stick to Hope" exchange group. Slowly, people from the south and north of the sky joined in, and the biggest commonality was that there were children in the family who had refractory epilepsy. At the beginning of 2020, the outbreak of the new crown epidemic, many parents complained in the group, the often bought Turkish version of Xi Baoning can not be bought, the group owner "Iron Horse Glacier" began to buy the Taiwan version of Xi Baoning. The purchasing of chlorpachan will begin around 2021.
Parent Tian He introduced that in Shenzhen, the University of Hong Kong Shenzhen Hospital can prescribe Xi Baoning, "but it is very expensive, a box of Hong Kong version of Xi BaoNing costs about 1600 yuan, and can only open one box at a time." "In addition, there is no purchase channel for Xi Baoning in the Chinese mainland range. Chlorpazam has no "legal purchase" route at all.
Parents of children usually have two ways to buy imported drugs: purchasing on behalf of children and direct mail. Purchasing refers to people like the "Iron Horse Glacier" who ship drugs back to China in various ways and ship them from China for customers. Direct mail refers to the import of a parcel sent from overseas, passed through customs, and sent directly to the customer. The threshold for the latter is higher: "Like Clobathan and Hip Bornein, they all need to be prescribed by local doctors abroad or overseas, and if you don't know anyone in the local area, there is no way to buy it." Tian He once entrusted a Taiwanese friend to send her a box of 730 yuan for three boxes of Hi Boryeong. As a result, the package was seized at Zhengzhou Customs, and she paid more than 200 yuan in taxes. Since then, she has avoided participating in direct mail.
Several parents of children who had purchased medicines from Hu Wei said that the medicine of "Iron Horse Glacier" was the most affordable of all the purchasing agents. For example, parent Mo Jie bought a box of Korean versions of Xi Baoning from the "Iron Horse Glacier" in early 2020, with a price of 600 yuan. In the same period, the purchase was more than seven or eight hundred yuan. Tian He said that in May and June 2021, she purchased a total of 4 boxes of the German version of Chlobarzan from the "Iron Horse Glacier" for a unit price of 470 yuan. According to her observation, other purchasing prices in the same period are at least 490 yuan, and more than 500 yuan is not uncommon.
According to the case materials, Hu Wei usually bought different specifications of the German version of Chlobarzan for 240 to 298 yuan and sold it for 340 to 470 yuan.
Another parent of successful direct mail revealed that in his personal channels, in terms of drug price plus freight, the cost of the German version of chlorappa by direct mail is about 450 yuan per box. Referring to Hu Wei's purchasing price, taking the German version of Clopazhan as an example, a box of drugs, from purchase to transfer, at most extracted a difference of 100 yuan. "You also have to deduct the risk cost of being seized by customs, paying taxes or even destroying, and a box of medicines may earn dozens of yuan of hard money." The parent analyzed, "This is exactly what it should be. ”
In the eight years since the diagnosis, Xingyu has prescribed cases, medical orders, examination reports and other materials. Beijing News reporter Feng Yuxin photographed
Four
Zhang Li said that the youngest daughter Xingyu now takes three kinds of medicines. "After breakfast and dinner, eat one-half of Theiboline and one-half of debagin. Eat a meal of rapamycin after lunch. ”
After her husband's arrest, Xingyu's medication was also in short supply. In order to seek medicine, Zhang Li joined several patient groups.
In the group, Zhang Li found that the demand for drugs for refractory epilepsy, including clobazan, xibaoning, rapamycin, etc., is very high, "Almost every day someone says that they want to buy drugs." "The supply of rapamycin is relatively sufficient, xibaoning is more and less, and the supply of chlorpachan has almost fallen to the bottom - after Hu Wei was arrested for purchasing clopazan, many clopajan purchasing disappeared."
Correspondingly, the price of single-box chlorpalcans soared. Before the Spring Festival, there were parents in the group who resold excess Chloepazhan, "850 yuan a box." "Since March this year, the price of a single box has approached 1,000 yuan." Children with large dosages can eat a box of chlorpachan in 20 days. Parent Wang Yun said that the high price of drugs has made many families financially embarrassed.
At the end of last year, Niu Yun's son's chlorappa was cut off. At first, she cobbled together in the patient group, originally as long as the German version of Klobazan, and later did not refuse the Indian version and the French version, "eat France in the morning, eat India in the evening." Later, the mix-and-match medication method was also difficult to continue, so I had to force the child to reduce the drug, "from two eats a day to one eat a day, two days a day to eat, four days, one Monday..." 4-year-old children began to have "small seizures", squeezing their eyes, nodding, and sleeping less.
The patient group circulated the picture of the "big seizure" after the drug was discontinued, and the child "smoked for days and nights." ”
Some parents are starting to experiment with direct mail. They tend to be secretive about further details, "What if it is exposed and it is knocked out?"
Retrieving public information, since July last year, customs in Luzhou, Jinan, Hohhot, Wuhan and other places across the country have seized and detained chlobar, counting hundreds of tablets at a time. In the case of six randomly selected interviewees who purchased chlorpakan by direct mail, four of their packages were intercepted by customs and have not yet been released, "either destroyed or returned." "Empty possessions are a common result.
Wang Hongbing, a drug defense lawyer at Beijing Yingke (Guangzhou) Law Firm, explained that from a judicial point of view, the nationwide "strike hard" against Chlobazhan is reasonable. "In essence, regardless of the purpose, as long as it is through informal channels, anyone who purchases the state-controlled drug chlorambuchambazam on behalf of anyone or direct mail overseas is illegal."
However, in real life, most parents are "knowing that they can't do it" and "just want their children to take medicine." Therefore, Wang Hongbing believes that the only appropriate solution is to "legally" introduce Chlobazan from the national level as soon as possible.
According to relevant information, clopazan tablets were first listed in the Philippines in the 1960s and have been legally sold in more than 100 countries and regions so far.
Earlier, Chlobarjan had been discussed on the Internet Chinese many times. The focus is on the "Conversion Table of Dependence of 100 Controlled Varieties of Narcotic Drugs and Psychotropic Substances" issued by the National Narcotics Commission, which states that "1 gram of clobar is equivalent to 0.1 mg of heroin", and many voices therefore consider clopajan to be a substitute for heroin.
Wang Xuefeng, executive director of the China Anti-Epilepsy Association and chairman of the Drug Therapy Committee, once told reporters that clopazan and heroin are far different in composition, "heroin makes people excited, and clobats can inhibit abnormal mental activity, if the person's mental state is normal, then taking clobatam will hardly have any impact." He explained that seizures are due to an increase in excitatory neurotransmitters in the human brain, or a decrease in inhibitory neurotransmitters. After taking clobats, the brain's inhibitory neurotransmitters increase, making them balanced with excitatory neurotransmitters and avoiding seizures.
Five
On March 18, the "Iron Horse Glacier" case was tried at the Zhongmu County People's Court in Henan. The procuratorate of Zhongmu County, Henan Province, indicted Hu Wei for smuggling, transporting, and trafficking drugs, and recommended a sentence ranging from one year to one year and four months.
In court, Hu Wei's defense lawyer, Liu Chang, said that according to the Minutes of the National Symposium on the Trial of Drug Crimes in Courts (hereinafter referred to as the "Wuhan Minutes") issued by the Supreme People's Court in 2015, "only if the perpetrator 'sells drugs to criminals who smuggle or sell drugs or persons who use or inject drugs' is involved in the management of drugs, he will be convicted and punished as a drug crime, and if the perpetrator is 'for medical purposes', he cannot be convicted and punished as a drug crime." ”
According to Article 18 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Of Endangering Drug Safety, "the production, importation, or sale of drugs with the nature of self-help and mutual assistance shall not be considered a crime." Therefore, Liu Chang believes that what Hu Wei did was "an act of mutual rescue and mutual assistance between children", and there was no illegal flow of drugs purchased on behalf of the patient, and it should not be considered a crime.
Before the trial, the parents of 132 children jointly submitted a petition to the Zhongmu County Court, claiming to have received help from the "Iron Horse Glacier" and hoping that the court would rule him not guilty. "We have a conscience, he ('Iron Horse Glacier') is also helpless, and we who have received medicine have also received his help. Judging from what we know, the 'Iron Horse Glacier' is not a drug smuggler or a lawbreaker. They wrote in the plea letter.
"If the 'Iron Horse Glacier' that sold us the medicine was judged to be a drug dealer, then who was the one who bought the medicine?" Parent Wang Yun said.
In the end, the case was announced to be pronounced at a later date.
Inquiring into past precedents, it can be seen that Qi Mou in Shenyang was sentenced to three years in prison, four years of probation, and fined for illegally making more than 50,000 yuan of illegal profits for purchasing chlorine ba zhan, constituting the crime of illegal business operation. There are no public cases convicting Clopazan as "drug-related".
Wang Hongbing analyzed that according to the "Anti-Narcotics Law of the People's Republic of China", "drugs" include narcotic drugs and psychotropic substances that can make people addicted to be controlled by the state. However, with reference to the "Wuhan Minutes" and combined with the medicinal use of chlorpachan, the purchased clopazhan should not be characterized as a drug in this case.
Sun Guodong, a lawyer at Shanghai Landi (Shenzhen) Law Firm, pointed out that if Kappa Zhan did not obtain a mainland listing license, if Hu Wei "falsely reported the name of the product" on the way to direct mail, he would face charges of smuggling. "Due to the large number of clients and consumers in the purchasing agent, it is difficult for the purchaser to distinguish which ones are used for smoking and which are used for the treatment of diseases, and the profit-making nature of the daigou business determines that the purchaser may be suspected of the crime of smuggling drugs, and may also be suspected of smuggling ordinary goods and goods."
In this regard, Wang Hongbing said that Hu Wei's behavior involves two legal issues, "First, his behavior is indeed suspected of smuggling, but he is neither smuggling drugs nor ordinary goods, he is smuggling state-controlled drugs, which makes it difficult to characterize him from smuggling." Second, according to the Drug Administration Law, he must have a drug business license to sell drugs, so his behavior is suspected of illegal business - but according to the actual situation of this case, the amount involved in the case has not reached a certain amount, and usually criminal punishment should not be taken, and certain administrative penalties can be taken. ”
Eleven days after the end of the "Iron Horse Glacier" case, on March 29, according to the information of the Chinese government network, "in order to further improve the drug supply guarantee policy and meet the people's specific clinical urgent needs for drugs", the National Health Commission and the State Food and Drug Administration drafted and issued the "Chlorpakzhan Provisional Import Work Plan", publicly solicited opinions from the public, and preliminarily determined the list of 50 medical institutions leading the import and use of chlorpromembalcan Chinese mainland. The deadline for comments and feedback is April 28.
The children's group boiled up slightly, "For the first time, the demand group of Chlorpazan was really seen." ”
However, many parents have noticed that most of the hospitals that intend to introduce chlorphazan in this plan are in first-line or provincial capital cities, and the prescription for medication can only be prescribed by the designated doctor, and "each prescription shall not exceed the maximum dosage of 1 month". This means that many children with mobility impairments or even paralysis in bed need to travel to the provincial city every month and hang up the designated expert number to "legally use drugs".
Therefore, some parents secretly discussed, "If you go to the hospital to prescribe medicine too much toss your child, I will probably still choose to buy on behalf of you." ”
On March 26, 2022, it was raining outside, and Zhang Li rode an electric car with a canopy. Beijing News reporter Feng Yuxin photographed
Six
At more than 9:00 a.m. on March 26, Zhang Li hit a fried noodle, brought it back to the stall, took out her mobile phone while eating, and showed off her morning's income one by one, "Now is the off-season for selling vegetables, the business is not good, the stall can earn at least two or three hundred yuan a day..." She tried to defend her husband from economic logic, her family has a normal livelihood, "don't have to do that file to make a living." ”
For more than a decade, she and her husband's family of three generations and six people have lived on these two pickle stalls.
The pool of pickled vegetables is located in the backyard of Hu Wei's parents' old house, and it is piled up with all kinds of vegetables and beans. In the past, cutting vegetables, moving vegetables, picking vegetables, these physical tasks were all done by Hu Wei, and after his son's accident, the same work was undertaken by Hu Wei's parents.
For this reason, his mother was very aggrieved: "The family is so busy, how is it that they still take care of other people's affairs?" Two pickle stalls will inevitably close one for the time being. Zhang Li said that the business in Leichi Market has lost more than half.
After closing the stall on March 26, Zhang Li picked up her youngest daughter Xingyu and went home for lunch. Then, the two began practicing as usual. After writing two lines of names and Arabic numerals, they were all written by arm and hand in hand—nine-year-old Xingyu did not know any language, including his own name and Arabic numerals, nor had he made any friends. Her communication with the outside world is very simple, what to ask for, what to eat; She cried when she was sad, laughed when she was happy, and laughed with a low, sharp humming sound.
On March 26, 2022, the youngest daughter Xingyu was watching a cartoon. Beijing News reporter Feng Yuxin photographed
After the Trial on March 18, Zhang Li's family fell into waiting again.
She would look through the group's messages every day, "seeking medicine, communicating about the disease, venting emotions", she concluded. She felt "belonging" in the group.
Occasionally, she would also get angry, such as talking about her husband's case, and the parents of the children suddenly talked about the supply of chlorpazam, "Can I buy it?" She replied, "How come there isn't even a word of concern ('Iron Horse')... I feel like you only care about medicines. ”
(Hu Wei, Li Fang, Niu Yun, Li Ying, Mo Jie are pseudonyms)
Beijing News reporter Feng Yuxin Editor Hu Jie Proofreader Zhao Lin