Dying to Survive: The realistic version of the Lu Yong case, a legal legend cooler than the movie.
[Introduction: the intersection of reality and art]
"2018, domestic conscience drama!" "After reading it, the cows are full of faces!" "Crying while watching, choking sound …" These enthusiastic comments point to a shocking movie-Dying to Survive. This film, with its profound social insight and delicate emotional portrayal, has aroused heated discussion among the whole people, especially when the audience learned that it was not a pure fiction, but was adapted from real events, which made it exude unique charm in the intersection of reality and art.
[The real drug god: the story of Lu Yong]
Lu Yong, the protagonist of the story, was originally the owner of a knitwear export enterprise in Wuxi, Jiangsu Province. In 2002, fate threw a cruel dice for him-he was diagnosed with chronic myeloid leukemia. In the face of illness, Lu Yong, like Cheng Yong in the movie, is faced with the game between high drug prices and life. Gleevec, produced by Novartis, Switzerland, can stabilize the illness, but it needs to pay as much as 23,500 yuan a month, which is a heavy burden for any ordinary family.
The turning point occurred in 2004, when Lu Yong stumbled upon the Indian-made "Gleevec" generic drug, which had almost the same efficacy, but the price was only 4,000 yuan per box. He began to take it and share it with his patients who were also trapped in the sea of expensive medicine. In order to simplify the process of drug purchase, Lu Yong even bought debit cards online to help patients complete cross-border payment. However, this act of kindness caused him to be involved in the storm of "the crime of obstructing credit card management" and "the crime of selling counterfeit drugs".
[Collision between law and human nature]
The news of Lu Yong’s arrest was like a bolt from the blue, which shocked more than a thousand patients who depended on him for medicine. They signed a letter, imploring the judiciary to show leniency to Lu Yong. Facing the public’s concern and expectation, Yuanjiang City Procuratorate of Hunan Province launched a rigorous and meticulous investigation. On the basis of a comprehensive review of the facts and evidence of the case, they held a public hearing, invited people from all walks of life to participate, and fully listened to the opinions of all parties. At the same time, the prosecutor personally went to Wuxi and other places to verify the evidence, introduced special prosecutors for democratic supervision and legal guidance, and finally convened a procuratorial Committee to conduct a comprehensive review.
[just verdict: upholding the value of law]
On January 27th, 2015, Yuanjiang City Procuratorate decided to withdraw the prosecution against Lu Yong. On February 26th, Lu Yong was officially announced not to prosecute. The procuratorial organ believes that although Lu Yong’s behavior is illegal, its motive is pure, its purpose is clear, and it aims to help patients get low-cost life-saving drugs, and it does not profit from it. His behavior does not constitute the crime of selling counterfeit drugs. Although the purchase and use of debit cards violate financial management regulations, the circumstances are obviously minor and the harm is not great, so it is not considered a crime.
This judgment is not only a reversal of Lu Yong’s personal fate, but also a deep interpretation of the legal value. It shows the temperature and rationality of the law, and shows the judicial idea that the judicial organs should not only abide by the law, but also dare to face the social reality, shoulder social responsibilities and respect and protect human rights. As the film Dying to Survive conveyed, law should not be a barrier to the brilliance of human nature, but a beacon to guide social fairness and justice and protect the dignity of life.
[Lu Yong case from the legal perspective]
Analyzing the Lu Yong case from a legal perspective, we can see the following key points:
- Definition of the nature of behavior: Lu Yong’s behavior is recognized as buying rather than selling. He helped his patients to buy medicines, pay for them and translate them, without increasing the price and charging any fees. He always stood as the buyer and provided free assistance to his patients. This is obviously inconsistent with the essence of sales behavior-pursuing commodity value and making profits.
- Balance of legal interests: Although Lu Yong’s behavior violated some laws and regulations, its purpose was to save lives, and it did not infringe others’ right to life and health. On the contrary, his behavior has really helped many leukemia patients to prolong their lives and alleviate their pain. Between the right to life and the order of drug management and financial management, the law has chosen to give priority to protecting the more urgent and basic right to life.
- Embodiment of judicial idea: The handling of Lu Yong case reflects the efforts of judicial organs to change criminal judicial idea. It follows the principle of modest punishment, and regards criminal law as the last means to adjust social relations, rather than a tool to be easily used. At the same time, in the process of law enforcement, judicial organs pay attention to both entity and procedure, pay attention to rationality, peace and civilization, and show humanistic care for vulnerable groups.
[Conclusion: The Intertwining of Law and Hope]
The ending of Lu Yong case, as depicted in the movie Dying to Survive, is a bright ending after a confrontation between law and humanity, despair and hope. It reminds us that law is not a ruthless dogma, but contains respect for life, care for the weak and persistent pursuit of social fairness and justice.
The story of Lu Yong is cooler than the movie, because it is not fiction, but a real case that happened around us. It shows us that even in the most difficult times, as long as someone is willing to stand up, someone is willing to listen and understand, and someone is willing to stick to the bottom line of the law and the brilliance of human nature, hope will never die. And such hope is the most precious wealth of our time.
[Attachment: Lu Yong Case Non-prosecution Decision and Interpretation]
(Attached here are the original non-prosecution decision and interpretation statement of Lu Yong case for readers to understand the legal details and judicial considerations of this case.)
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