THE FUNCTIONS OF VALUE JUDGMENT AND INTERPRETATION OF CRIMINAL LAW:

FROM THE PERSPECTIVE OF

THE DILEMMA CRIMINAL LAW FACED IN

LU YONG’S CASE

价值判断与刑法解释的功能：从陆勇案的刑法困境说起

 

Lao Dongyan                Ph.D. of Law and Associate Professor at Tsinghua University.

 

<正> Lu Yong’s Case, which once attracted much public attention, finally had achieved an ideal result thanks to the efforts of all sides. According to the Written Decision Not to Prosecute rendered by Yuan Jiang People’s Procuratorate of Hunan Province, Lu Yong’s acts of buying the imported drug and of helping others to buy the drug without approval are considered non-selling acts, which do not constitute the crime of selling counterfeit drugs as prescribed in article 141 of the Criminal Law; moreover, Lu Yong’s act of purchasing three debit cards issued to other people and of using one of them is deemed to be obviously minor circumstance and the harm done is considered not serious, which does not constitute the crime prescribed in article 13 of the Criminal Law.