Analysis On The Legal Regulation Of Medical Rebate Behavior

The existence of the medical commission is one of the main causes which lead to high prices of medicine. In judicial practice, those hospital leaders who charge medical commission in the process of purchasing medicine or medical equipment should be held criminally responsible for taking bribes, which is no objection. However, as for how to punish those doctors who use the prescription right to charge medical commission is still controversial. Morever, the present laws and regulations exist deficiencies on medical commission acts, leading to the phenomenon of the medical commission wanton rampant. This paper analyzes the existing conditions, the causes and the hazards of the medical kickbacks behavior, giving qualitative analysis of t the kickback behavior, and analyzing the existing laws and regulations of the current regulation on rebate behavior. Finally, put forward a sound proposal.This paper is divided into four main parts: first, the existing situations, causes and hazards of medical commission. By analyzing the two cases of the medical commission, that is, the existing commission behavior in the field of medicine or medical equipment purchase and sale and the doctors'commission behavior by using prescription right; and then find out the reasons of the existence of medical commission acts, and explains the hazards of the existing medical commission. Second, legal qualitative analysis on medical commission. This paper characterizes the medical commission behavior in the field of medicines or medical equipment purchase and sales as commercial bribery. As for doctors by using of the right prescription to get medical commission is still in dispute, but the author puts forward some proposals of his own. Third, survey on the legal regulation of medical commission. The part analyzes the situation of the legal regulation on the medical commission from the economic law, administrative law and criminal law, and find out the defects and insufficient of the existing laws and regulations. Fourth, some improvement suggestions on regulating the medical commission behavior. Through the above analysis on the defects and shortcomings of the legal regulation of medical commission, to find ways to solve the problem, this is the top priority of this paper. Hope that this research can produce certain regulation effects to the existing medical commission behavior.